47 USC 309 - Application for license

Editorial Notes

References in Text

This chapter, referred to in subsecs. (h), (j)(4)(C), (6), and (k)(1), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

The National Telecommunications and Information Administration Organization Act, referred to in subsec. (j)(9)(B), is title I of Puspan. L. 102–538, Oct. 27, 1992, 106 Stat. 3533. Part B of the Act is classified generally to subchapter II (§ 921 et seq.) of chapter 8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 901 of this title and Tables.

Section 1004(a) of the Spectrum Pipeline Act of 2015, referred to in subsec. (j)(11), is section 1004(a) of Puspan. L. 114–74, which is set out as a note under section 921 of this title.

Section 90008(span)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, referred to in subsec. (j)(11), is section 90008(span)(2)(A)(ii) of Puspan. L. 117–58, which is set out in a note under section 921 of this title.

Amendments

2022—Subsec. (j)(11). Puspan. L. 117–328 substituted “March 9, 2023” for “December 23, 2022”.

Puspan. L. 117–229 substituted “December 23, 2022” for “December 16, 2022”.

Puspan. L. 117–180 substituted “December 16, 2022” for “September 30, 2022”.

2021—Subsec. (j)(11). Puspan. L. 117–58 inserted before period at end “, and with respect to the electromagnetic spectrum identified under section 90008(span)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after November 15, 2021”.

2018—Subsec. (j)(8)(B). Puspan. L. 115–141, § 402(h)(2), struck out at end: “No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commission under section 154(k) of this title for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.”

Subsec. (j)(8)(C). Puspan. L. 115–141, § 101(span)(1), substituted “the Treasury.” for “an interest bearing account at a financial institution designated for purposes of this subsection by the Commission (after consultation with the Secretary of the Treasury).” in introductory provisions.

Subsec. (j)(8)(C)(i). Puspan. L. 115–141, § 101(span)(2)(A), substituted “deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduction)” for “paid to the Treasury”.

Subsec. (j)(8)(C)(ii). Puspan. L. 115–141, § 101(span)(3), substituted “, and payments representing the return of such deposits shall not be subject to administrative offset under section 3716(c) of title 31.” for “; and”

Subsec. (j)(8)(C)(iii). Puspan. L. 115–141, § 101(span)(2)(B), (4), struck out cl. (iii) which read as follows: “the interest accrued to the account shall be deposited in the general fund of the Treasury, where such amount shall be dedicated for the sole purpose of deficit reduction.”

Subsec. (j)(12). Puspan. L. 115–141, § 402(i)(4)(A), struck out par. (12) which required the Commission to submit to Congress a report evaluating the use of competitive bidding systems.

Subsec. (j)(15)(C)(iv). Puspan. L. 115–141, § 402(i)(4)(B), struck out cl. (iv) which required the Commission to submit to Congress a report related to the rescheduling of auctions 31 and 44 and progress made by the Commission in the digital television transition.

Subsec. (j)(18). Puspan. L. 115–141, § 512(a), added par. (18).

2015—Subsec. (j)(11). Puspan. L. 114–74 inserted before period at end “, except that, with respect to the electromagnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on September 30, 2025”.

2012—Subsec. (j)(3)(F). Puspan. L. 112–96, § 6701(span), substituted “relocation or sharing costs” for “relocation costs”.

Subsec. (j)(8)(A). Puspan. L. 112–96, § 6401(c)(1), substituted “(D), (E), (F), and (G),” for “(D), and (E),”.

Subsec. (j)(8)(C)(i). Puspan. L. 112–96, § 6401(c)(2), substituted “subparagraphs (D)(ii), (E)(ii), (F), and (G)” for “subparagraph (E)(ii)”.

Subsec. (j)(8)(C)(iii). Puspan. L. 112–96, § 6601, amended cl. (iii) generally. Prior to amendment, subcl. (iii) read as follows: “the interest accrued to the account shall be transferred to the Telecommunications Development Fund established pursuant to section 614 of this title.”

Subsec. (j)(8)(D). Puspan. L. 112–96, § 6401(c)(3), substituted “Proceeds from reallocated Federal spectrum” for “Disposition of cash proceeds” in subpar. span, designated existing provisions as cl. (i), inserted cl. span, substituted “Except as provided in clause (ii), cash” for “Cash”, and added cl. (ii).

Subsec. (j)(8)(F). Puspan. L. 112–96, § 6401(c)(4), added subpar. (F).

Subsec. (j)(8)(G). Puspan. L. 112–96, § 6402, added subpar. (G).

Subsec. (j)(11). Puspan. L. 112–96, § 6405, substituted “2022” for “2012”.

Subsec. (j)(16)(A), (B). Puspan. L. 112–96, § 6701(span), substituted “relocation or sharing costs” for “relocation costs”.

Subsec. (j)(17). Puspan. L. 112–96, § 6404, added par. (17).

2009—Subsec. (j)(11). Puspan. L. 111–4, § 5, substituted “2012” for “2011”.

Subsec. (j)(14)(A). Puspan. L. 111–4, § 2(span)(2), substituted “June 12, 2009” for “February 17, 2009”.

2006—Subsec. (j)(8)(A). Puspan. L. 109–171, § 3004(1), substituted “subparagraphs (B), (D), and (E)” for “subparagraph (B) or subparagraph (D)”.

Subsec. (j)(8)(C)(i). Puspan. L. 109–171, § 3004(2), inserted “, except as otherwise provided in subparagraph (E)(ii)” before semicolon at end.

Subsec. (j)(8)(E). Puspan. L. 109–171, § 3004(3), added subpar. (E).

Subsec. (j)(11). Puspan. L. 109–171, § 3003(span), substituted “2011” for “2007”.

Subsec. (j)(14)(A). Puspan. L. 109–171, § 3002(a)(1), inserted “full-power” before “television broadcast license” and substituted “February 17, 2009” for “December 31, 2006”.

Subsec. (j)(14)(B). Puspan. L. 109–171, § 3002(a)(2), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to requirement of Commission to extend renewal period upon certain findings.

Subsec. (j)(14)(C). Puspan. L. 109–171, § 3002(a)(5), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B).

Subsec. (j)(14)(C)(i)(I). Puspan. L. 109–171, § 3002(a)(3), struck out “or (B)” after “pursuant to subparagraph (A)”.

Subsec. (j)(14)(D). Puspan. L. 109–171, § 3002(a)(5), redesignated subpar. (D) as (C).

Puspan. L. 109–171, § 3002(a)(4), substituted “subparagraph (B)(i)” for “subparagraph (C)(i)” in introductory provisions.

Subsec. (j)(15). Puspan. L. 109–171, § 3003(a)(2), added cls. (v) and (vi) to subpar. (C).

Puspan. L. 109–171, § 3003(a)(1), redesignated par. (15) relating to special auction provisions for eligible frequencies as (16).

Subsec. (j)(16). Puspan. L. 109–171, § 3003(a)(1), redesignated par. (15) relating to special auction provisions for eligible frequencies as (16).

2004—Subsec. (j)(3)(F). Puspan. L. 108–494, § 203(a), added subpar. (F).

Subsec. (j)(8)(A). Puspan. L. 108–494, § 203(c)(1), inserted “or subparagraph (D)” after “subparagraph (B)”.

Subsec. (j)(8)(D). Puspan. L. 108–494, § 203(c)(2), added subpar. (D).

Subsec. (j)(15). Puspan. L. 108–494, § 203(span), added par. (15) relating to special auction provisions for eligible frequencies.

2002—Subsec. (j)(14)(C)(ii). Puspan. L. 107–195, § 3(span)(1), struck out at end “The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by September 30, 2002.”

Subsec. (j)(15). Puspan. L. 107–195, § 3(a), added par. (15).

1997—Subsec. (i)(1). Puspan. L. 105–33, § 3002(a)(2)(A), added par. (1) and struck out span and text of former par. (1). Text read as follows: “If—

“(A) there is more than one application for any initial license or construction permit which will involve a use of the electromagnetic spectrum; and

“(B) the Commission has determined that the use is not described in subsection (j)(2)(A) of this section;

then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.”

Subsec. (i)(5). Puspan. L. 105–33, § 3002(a)(2)(B), added par. (5).

Subsec. (j)(1), (2). Puspan. L. 105–33, § 3002(a)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) General authority.—If mutually exclusive applications are accepted for filing for any initial license or construction permit which will involve a use of the electromagnetic spectrum described in paragraph (2), then the Commission shall have the authority, subject to paragraph (10), to grant such license or permit to a qualified applicant through the use of a system of competitive bidding that meets the requirements of this subsection.

“(2) Uses to which bidding may apply.—A use of the electromagnetic spectrum is described in this paragraph if the Commission determines that—

“(A) the principal use of such spectrum will involve, or is reasonably likely to involve, the licensee receiving compensation from subscribers in return for which the licensee—

“(i) enables those subscribers to receive communications signals that are transmitted utilizing frequencies on which the licensee is licensed to operate; or

“(ii) enables those subscribers to transmit directly communications signals utilizing frequencies on which the licensee is licensed to operate; and

“(B) a system of competitive bidding will promote the objectives described in paragraph (3).”

Subsec. (j)(3). Puspan. L. 105–33, § 3002(a)(1)(B)(i), inserted after second sentence of introductory provisions “The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round.”

Subsec. (j)(3)(E). Puspan. L. 105–33, § 3002(a)(1)(B)(ii)–(iv), added subpar. (E).

Subsec. (j)(4)(F). Puspan. L. 105–33, § 3002(a)(1)(C), added subpar. (F).

Subsec. (j)(8)(B). Puspan. L. 105–33, § 3002(a)(1)(D), struck out “Any funds appropriated to the Commission for fiscal years 1994 through 1998 for the purpose of assigning licenses using random selection under subsection (i) of this section shall be used by the Commission to implement this subsection.” after “quarterly basis.” and inserted at end “No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commission under section 154(k) of this title for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.”

Subsec. (j)(11). Puspan. L. 105–33, § 3002(a)(1)(E), substituted “2007” for “1998”.

Subsec. (j)(13)(F). Puspan. L. 105–33, § 3002(a)(1)(F), substituted “August 5, 1997” for “September 30, 1998”.

Subsec. (j)(14). Puspan. L. 105–33, § 3003, added par. (14).

Subsec. (l). Puspan. L. 105–33, § 3002(a)(3), added subsec. (l).

1996—Subsec. (span)(2)(A) to (G). Puspan. L. 104–104, § 403(j), redesignated subpars. (B) to (G) as (A) to (F), respectively, and struck out former subpar. (A) which read as follows: “fixed point-to-point microwave stations (exclusive of control and relay stations used as integral parts of mobile radio systems),”.

Subsec. (d). Puspan. L. 104–104, § 204(a)(2), inserted “(or subsection (k) in the case of renewal of any broadcast station license)” after “with subsection (a)” wherever appearing.

Subsec. (j)(8)(B). Puspan. L. 104–104, § 710(c), inserted at end “Such offsetting collections are authorized to remain available until expended.”

Subsec. (j)(8)(C). Puspan. L. 104–104, § 707(a), added subpar. (C).

Subsec. (k). Puspan. L. 104–104, § 204(a)(1), added subsec. (k).

1994—Subsec. (c)(2)(F). Puspan. L. 103–414, § 303(a)(16), substituted “section 325(c)” for “section 325(span)”.

Subsec. (i)(4)(A). Puspan. L. 103–414, § 304(a)(9), which directed substitution of “The Commission shall” for “The commission, not later than 180 days after the date of the enactment of the Communications Technical Amendments Act of 1982, shall”, was executed by making the substitution for “The Commission, not later than 180 days after the date of the enactment of the Communications Amendments Act of 1982, shall”, which for purposes of codification had been translated as “The Commission, not later than 180 days after September 13, 1982, shall”, to reflect the probable intent of Congress and the amendment by Puspan. L. 103–414, § 303(a)(17). See below.

Puspan. L. 103–414, § 303(a)(17), substituted “date of the enactment of the Communications Amendments Act of 1982” for “date of the enactment of the Communications Technical Amendments Act of 1982”, which for purposes of codification had been translated as “September 13, 1982”, thus resulting in no change in text.

Subsec. (j)(13). Puspan. L. 103–465 added par. (13).

1993—Subsec. (i). Puspan. L. 103–66, § 6002(span)(1), inserted subsec. span, added par. (1), struck out former par. (1), and in par. (4), added subpar. (C). Prior to amendment, par. (1) read as follows: “If there is more than one application for any initial license or construction permit which will involve any use of the electromagnetic spectrum, then the Commission, after determining that each such application is acceptable for filing, shall have authority to grant such license or permit to a qualified applicant through the use of a system of random selection.”

Subsec. (j). Puspan. L. 103–66, § 6002(a), added subsec. (j).

1984—Subsec. (h). Puspan. L. 98–549 substituted “section 706” for “section 606” in the original to accommodate renumbering of sections in subchapter VI (section 601 et seq.) of this chapter by section 6(a) of Puspan. L. 98–549. Because both sections translate as “section 606 of this title”, the amendment by section 6(span)(1) of Puspan. L. 98–549 resulted in no change in text.

1982—Subsec. (f). Puspan. L. 97–259, § 114, substituted “temporary” for “emergency” wherever appearing, “additional periods” for “one additional period”, and “180 days” for “ninety days” wherever appearing.

Subsec. (i)(1). Puspan. L. 97–259, § 115(a), substituted “application” for “applicant” after “more than one”, and “that each such application is acceptable for filing” for “the qualifications of each such applicant under section 308(span) of this title”.

Subsec. (i)(2). Puspan. L. 97–259, § 115(span), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The determination of the Commission under paragraph (1) with respect to the qualifications of applicants for an initial license or construction permit shall be made after notice and opportunity for a hearing, except that the provisions of section 409(c)(2) of this title shall not apply in the case of any such determination.”

Subsec. (i)(3)(A). Puspan. L. 97–259, § 115(c)(1), substituted “used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minority group” for “, groups or organizations, or members of groups or organizations, which are underrepresented in the ownership of telecommunications facilities or properties will be granted significant preferences”.

Subsec. (i)(3)(C). Puspan. L. 97–259, § 115(c)(2), added subpar. (C).

Subsec. (i)(4)(A). Puspan. L. 97–259, § 115(d), substituted “September 13, 1982,” for “August 13, 1981,”.

1981—Subsec. (i). Puspan. L. 97–35 added subsec. (i).

1964—Subsec. (c)(2)(G). Puspan. L. 88–307 inserted “not to exceed sixty days”.

Subsec. (e). Puspan. L. 88–306 substituted “not more than thirty days after publication of the hearing issues or any substantial amendment thereto in the Federal Register” for “at any time not less than ten days prior to the date of hearing”.

1960—Puspan. L. 86–752 amended section generally to revise pre-grant procedure, and, among other changes, a public notice was substituted for a mandatory notice to applicants and interested parties before hearings upon applications; the Commission was required to hold applications for 30 days before acting upon them without hearings; interested parties were permitted to file petitions to deny applications before the Commission acted upon them without hearings, in lieu of 30 days after applications were granted; interested parties were required to support their petitions with “specific” allegations of fact; the Commission was permitted to dispense with formal hearings when there are “no substantial or material questions of fact,” subject to a requirement that it issue a “concise statement of the reasons” for its action.

1956—Subsec. (c). Act Jan. 20, 1956, struck out hearings with respect to facts which, even if true, would not be grounds for setting aside the Commission’s grant; gave the Commission discretion to keep in effect the protested authorization but required the Commission to affirmatively find and set forth that the public interest requires grant to remain in effect; and authorized Commission to redraft issues urged by protestant in accordance with the facts alleged in the protest.

1954—Subsec. (c). Act Mar. 26, 1954, substituted “thirty days” for “fifteen days” in fourth sentence.

1952—Act July 16, 1952, amended section generally to set forth procedure to be followed in cases of denial of applications.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by section 101(span) of Puspan. L. 115–141 effective Oct. 1, 2018, see section 103 of div. P of Puspan. L. 115–141, set out as a note under section 156 of this title.

Effective Date of 1997 Amendment

Puspan. L. 105–33, title III, § 3002(a)(5), Aug. 5, 1997, 111 Stat. 260, provided that: “Except as otherwise provided therein, the amendments made by this subsection [amending this section] are effective on July 1, 1997.”

Effective Date of 1996 Amendment

Amendment by section 204(a) of Puspan. L. 104–104 applicable to applications filed after May 1, 1995, see section 204(c) of Puspan. L. 104–104, set out as a note under section 308 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly provided, see section 9(a) of Puspan. L. 98–549, set out as a note under section 521 of this title.

Effective Date of 1960 Amendment

Puspan. L. 86–752, § 4(d)(1)–(3), Sept. 13, 1960, 74 Stat. 892, provided that:

“(1) Subsections (a) and (span) of this section [amending this section and section 319 of this title] shall take effect ninety days after the date of the enactment of this Act [Sept. 13, 1960].

“(2) Section 309 of the Communications Act of 1934 [this section] (as amended by subsection (a) of this section) shall apply to any application to which section 308 of such Act [section 308 of this title] applies (A) which is filed on or after the effective date of subsection (a) of this section, (B) which is filed before such effective date, but is substantially amended on or after such effective date, or (C) which is filed before such effective date and is not substantially amended on or after such effective date, but with respect to which the Commission by rule provides reasonable opportunity to file petitions to deny in accordance with section 309 of such Act (as amended by subsection (a) of this section) [this section].

“(3) Section 309 of the Communications Act of 1934 [this section], as in effect immediately before the effective date of subsection (a) of this section, shall, on and after such effective date, apply only to applications to which section 308 of such Act [section 308 of this title] apply which are filed before such effective date and not substantially amended on or after such effective date and with respect to which the Commission does not permit petitions to deny to be filed as provided in clause (C) of paragraph (2) of this subsection.”

5G Spectrum Authority Licensing Enforcement

Puspan. L. 118–27, Dec. 19, 2023, 137 Stat. 132, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘5G Spectrum Authority Licensing Enforcement Act’ or the ‘5G SALE Act’.

“SEC. 2. FCC PROCESSING OF APPLICATIONS FOR SPECTRUM LICENSES AWARDED BY AUCTION.

“In the case of any applicant for a license or permit for the use of spectrum in the band of frequencies between 2496 megahertz and 2690 megahertz, inclusive, that the Federal Communications Commission selected through a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) on or before March 9, 2023, and to whom the Commission has not granted the license or permit as of the date of enactment of this Act [Dec. 19, 2023], the Commission may process the application of the applicant during the 90-day period beginning on the date of enactment of this Act.”

Digital Television Transition and Public Safety

Puspan. L. 111–4, § 4, Fespan. 11, 2009, 123 Stat. 113, provided that:

“(a)Permissive Early Termination Under Existing Requirements.—Nothing in this Act [amending this section and section 337 of this title, enacting provisions set out as notes under this section and section 609 of this title, and amending provisions set out as notes under this section] is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station’s analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(span) of the Digital Television Transition and Public Safety Act of 2005 [section 3002(span) of Puspan. L. 109–171, set out below] for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission’s requirements in effect on the date of enactment of this Act [Fespan. 11, 2009], including the flexible procedures established in the Matter of Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (FCC 07–228, MB Docket No. 07–91, released December 31, 2007).

“(span)Public Safety Radio Services.—Nothing in this Act, or the amendments made by this Act, shall prevent a public safety service licensee from commencing operations consistent with the terms of its license on spectrum recovered as a result of the voluntary cessation of broadcasting in the analog or digital television service pursuant to subsection (a). Any such public safety use shall be subject to the relevant Federal Communications Commission rules and regulations in effect on the date of enactment of this Act [Fespan. 11, 2009], including section 90.545 of the Commission’s rules (47 C.F.R. § 90.545).

“(c)Expedited Rulemaking.—Notwithstanding any other provision of law, the Federal Communications Commission and the National Telecommunications and Information Administration shall, not later than 30 days after the date of enactment of this Act [Fespan. 11, 2009], each adopt or revise its rules, regulations, or orders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act.”

Puspan. L. 110–459, Dec. 23, 2008, 122 Stat. 5121, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Short-term Analog Flash and Emergency Readiness Act’.

“SEC. 2. COMMISSION ACTION REQUIRED.

“(a)Program Required.—Notwithstanding any other provision of law, the Federal Communications Commission shall, not later than January 15, 2009, develop and implement a program to encourage and permit, to the extent technically feasible and subject to such limitations as the Commission finds to be consistent with the public interest and the requirements of this Act, the broadcasting in the analog television service of only the public safety information and digital transition information specified in subsection (span) during the 30-day period beginning on the day after the date established by law under section 3002(span) of the Digital Television Transition and Public Safety Act of 2005 [section 3002(span) of Puspan. L. 109–171, set out below] for termination of all licenses for full-power television stations in the analog television service and the cessation of broadcasting by full-power stations in the analog television service.

“(span)Information required.—The program required by subsection (a) shall provide for the broadcast of—

“(1) emergency information, including critical details regarding the emergency, as broadcast or required to be broadcast by full-power stations in the digital television service;

“(2) information, in both English and Spanish, and accessible to persons with disabilities, concerning—

“(A) the digital television transition, including the fact that a transition has taken place and that additional action is required to continue receiving television service, including emergency notifications; and

“(B) the steps required to enable viewers to receive such emergency information via the digital television service and to convert to receiving digital television service, including a phone number and Internet address by which help with such transition may be obtained in both English and Spanish; and

“(3) such other information related to consumer education about the digital television transition or public health and safety or emergencies as the Commission may find to be consistent with the public interest.

“SEC. 3. LIMITATIONS.“In designing the program required by this Act, the Commission shall—

“(1) take into account market-by-market needs, based upon factors such as channel and transmitter availability;

“(2) ensure that broadcasting of the program specified in section 2(span) will not cause harmful interference with signals in the digital television service;

“(3) not require the analog television service signals broadcast under this Act to be retransmitted or otherwise carried pursuant to section 325(span), 338, 339, 340, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 325(span), 338, 339, 340, 614 [534], or 615 [535]);

“(4) take into consideration broadcasters’ digital power levels and transition and coordination plans that already have been adopted with respect to cable systems and satellite carriers’ systems;

“(5) prohibit any broadcast of analog television service signals under section 2(span) on any spectrum that is approved or pending approval by the Commission to be used for public safety radio services, including television channels 14-20; and

“(6) not include the analog spectrum between channels 52 and 69, inclusive (between frequencies 698 and 806 megahertz, inclusive) reclaimed from analog television broadcasting pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).

“SEC. 4. DEFINITIONS.

“As used in this Act, the term ‘emergency information’ has the meaning such term has under part 79 of the regulations of the Federal Communications Commission (47 C.F.R. part 79).”

Puspan. L. 109–171, title III, Fespan. 8, 2006, 120 Stat. 21, as amended by Puspan. L. 110–53, title XXII, § 2201(a), title XXIII, § 2302, Aug. 3, 2007, 121 Stat. 537, 543; Puspan. L. 110–295, § 2, July 30, 2008, 122 Stat. 2972; Puspan. L. 111–4, §§ 2(a), (span)(1), 3(a)–(c), Fespan. 11, 2009, 123 Stat. 112, 113, provided that:

“SEC. 3001. SHORT TITLE; DEFINITION.

“(a)Short Title.—This title may be cited as the ‘Digital Television Transition and Public Safety Act of 2005’.

“(span)Definition.—As used in this Act [probably should be “this title”], the term ‘Assistant Secretary’ means the Assistant Secretary for Communications and Information of the Department of Commerce.

“SEC. 3002. ANALOG SPECTRUM RECOVERY: FIRM DEADLINE.

“(a)Amendments.—

[Amended this section.]

“(span)Terminations of Analog Licenses and Broadcasting.—The Federal Communications Commission shall take such actions as are necessary—

“(1) to terminate all licenses for full-power television stations in the analog television service, and to require the cessation of broadcasting by full-power stations in the analog television service, by June 13, 2009; and

“(2) to require by that date that all broadcasting by Class A stations, whether in the analog television service or digital television service, and all broadcasting by full-power stations in the digital television service, occur only on channels between channels 2 and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive).

“(c)Conforming Amendments.—

[Amended section 337 of this title.]

“SEC. 3003. AUCTION OF RECOVERED SPECTRUM.

[Amended this section.]

“SEC. 3004. RESERVATION OF AUCTION PROCEEDS.

[Amended this section.]

“SEC. 3005. DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.

“(a)Creation of Program.—The Assistant Secretary shall—

“(1) implement and administer a program through which households in the United States may obtain coupons that can be applied toward the purchase of digital-to-analog converter boxes; and

“(2) make payments of not to exceed $990,000,000, in the aggregate, through fiscal year 2009 to carry out that program from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)).

“(span)Credit.—The Assistant Secretary may borrow from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $1,500,000,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund.

“(c)Program Specifications.—

“(1)Limitations.—

“(A)Two-per-household maximum.—A household may obtain coupons by making a request as required by the regulations under this section between January 1, 2008, and July 31, 2009, inclusive. The Assistant Secretary shall ensure that each requesting household redeems no more than two coupons.

“(B)No combinations of coupons.—Two coupons may not be used in combination toward the purchase of a single digital-to-analog converter box.

“(C)Duration.—All coupons shall expire 3 months after issuance.

“(D)Expired coupons.—The Assistant Secretary may issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed.

“(2)Distribution of coupons.—

Findings

Puspan. L. 107–195, § 2, June 19, 2002, 116 Stat. 715, provided that: “Congress finds the following:

“(1) Circumstances in the telecommunications market have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious questions as to whether the original deadlines, or the subsequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum management principles.

“(2) No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Federal Communications Commission should have the flexibility to auction frequencies in the 700 megahertz band for such purposes.

“(3) The study being conducted by the National Telecommunications and Information Administration in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third generation wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to participate in the auction, thereby creating further uncertainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers.

“(4) The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 megahertz interference issues are resolved or a tenable plan has been conceived.

“(5) The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situation creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by potential bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auction would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use.

“(6) The Commission’s rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations—

“(A) produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and

“(B) should advance the transition of digital television and must not result in the unjust enrichment of any incumbent licensee.”

Compliance With Auction Authority

Puspan. L. 107–195, § 4, June 19, 2002, 116 Stat. 717, provided that: “The Federal Communications Commission shall conduct rescheduled auctions 31 and 44 prior to the expiration of the auction authority under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)).”

Preservation of Broadcaster Obligations

Puspan. L. 107–195, § 5, June 19, 2002, 116 Stat. 717, provided that: “Nothing in this Act [see Short Title of 2002 Amendment note set out under section 609 of this title] shall be construed to relieve television broadcast station licensees of the obligation to complete the digital television service conversion as required by section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)).”

Deadline for Collection

Puspan. L. 105–33, title III, § 3007, Aug. 5, 1997, 111 Stat. 269, which provided that the Commission was to conduct the competitive bidding required under title III of Puspan. L. 105–33, which enacted section 337 of this title, amended this section and sections 153, 303, and 923 to 925 of this title, enacted provisions set out as notes under this section and sections 153, 254, and 925 of this title, and repealed provisions set out as a note under this section, in a manner that ensured that all proceeds of such bidding would be deposited in accordance with section 309(j)(8) of this title not later than Sept. 30, 2002, was repealed by Puspan. L. 107–195, § 3(span)(2), June 19, 2002, 116 Stat. 717.

Administrative Procedures for Spectrum Auctions

Puspan. L. 105–33, title III, § 3008, Aug. 5, 1997, 111 Stat. 269, provided that: “Notwithstanding section 309(span) of the Communications Act of 1934 (47 U.S.C. 309(span)), no application for an instrument of authorization for frequencies assigned under this title [enacting section 337 of this title, amending this section and sections 153, 303, and 923 to 925 of this title, enacting provisions set out as notes under this section and sections 153, 254, and 925 of this title, and repealing provisions set out as a note under this section] (or amendments made by this title) shall be granted by the 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. Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an instrument of authorization for such frequencies.”

Deadlines for Commission Action Regarding Competitive Bidding

Puspan. L. 103–66, title VI, § 6002(d)(1), (2), Aug. 10, 1993, 107 Stat. 396, provided that:

“(1)General rulemaking.—The Federal Communications Commission shall prescribe regulations to implement section 309(j) of the Communications Act of 1934 [47 U.S.C. 309(j)] (as added by this section) within 210 days after the date of enactment of this Act [Aug. 10, 1993].

“(2)PCS orders and licensing.—The Commission shall—

“(A) within 180 days after such date of enactment, issue a final report and order (i) in the matter entitled ‘Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies’ (ET Docket No. 92–9); and (ii) in the matter entitled ‘Amendment of the Commission’s Rules to Establish New Personal Communications Services’ (GEN Docket No. 90–314; ET Docket No. 92–100); and

“(B) within 270 days after such date of enactment, commence issuing licenses and permits in the personal communications service.”

Special Rule Regarding Subsection (i) Licenses and Permits

Puspan. L. 103–66, title VI, § 6002(e), Aug. 10, 1993, 107 Stat. 397, which provided for exceptions to ban on Federal Communications Commission issuance of licenses and permits under section 309(i) of this title after Aug. 10, 1993, was repealed by Puspan. L. 105–33, title III, § 3002(a)(4), Aug. 5, 1997, 111 Stat. 260.

Authority To Use the System of Random Selection With Respect to Applications for Initial Licenses and Construction Permits

Puspan. L. 97–35, title XII, § 1242(span), Aug. 13, 1981, 95 Stat. 737, provided that: “The Commission shall have authority to use the system of random selection established by the Commission under section 309(i) of the Communications Act of 1934 [subsec. (i) of this section], as added in subsection (a), with respect to any application for an initial license or construction permit which will involve any use of the electromagnetic spectrum and which—

“(1) is filed with the Commission after the date of the enactment of this Act [Aug. 13, 1981]; or

“(2) is pending before the Commission on such date of enactment but has not been designated for hearing on or before such date of enactment.”