Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "47 U.S.C. § 903"
description: "Spectrum management activities"
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title_name: "TELECOMMUNICATIONS"
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# 47 U.S.C. § 903 - Spectrum management activities
## Text
(a) Revision of regulations Within 180 days after October 27, 1992, the Secretary of Commerce and the NTIA shall amend the Department of Commerce spectrum management document entitled “Manual of Regulations and Procedures for Federal Radio Frequency Management” to improve Federal spectrum management activities and shall publish in the Federal Register any changes in the regulations in such document.
(b) Requirements for revisions The amendments required by subsection (a) shall—
(1) provide for a period at the beginning of each meeting of the Interdepartmental Radio Advisory Committee to be open to the public to make presentations and receive advice, and provide the public with other meaningful opportunities to make presentations and receive advice;
(2) include provisions that will require (A) publication in the Federal Register of major policy proposals that are not classified and that involve spectrum management, and (B) adequate opportunity for public review and comment on those proposals;
(3) include provisions that will require publication in the Federal Register of major policy decisions that are not classified and that involve spectrum management;
(4) include provisions that will require that nonclassified spectrum management information be made available to the public, including access to electronic databases; and
(5) establish procedures that provide for the prompt and impartial consideration of requests for access to Government spectrum by the public, which procedures shall include provisions that will require the disclosure of the status and ultimate disposition of any such request.
(c) Certification to Congress Not later than 180 days after October 27, 1992, the Secretary of Commerce shall certify to Congress that the Secretary has complied with this section.
(d) Radio services (1) Assignments for radio services In assigning frequencies for mobile radio services and other radio services, the Secretary of Commerce shall promote efficient and cost-effective use of the spectrum to the maximum extent feasible.
(2) Authority to withhold assignments The Secretary of Commerce shall have the authority to withhold or refuse to assign frequencies for mobile radio service or other radio service in order to further the goal of making efficient and cost-effective use of the spectrum.
(3) Spectrum plan By October 1, 1993, the Secretary of Commerce shall adopt and commence implementation of a plan for Federal agencies with existing mobile radio systems to use more spectrum-efficient technologies that are at least as spectrum-efficient and cost-effective as readily available commercial mobile radio systems. The plan shall include a time schedule for implementation.
(4) Report to Congress By October 1, 1993, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the plan adopted under paragraph (3), including the implementation schedule for the plan.
(e) Proof of compliance with FCC licensing requirements (1) Amendment to manual required Within 90 days after August 10, 1993, the Secretary and the NTIA shall amend the spectrum management document described in subsection (a) to require that—
(A) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after August 10, 1993, to operate a radio station utilizing a frequency that is authorized for the use of government stations pursuant to section 902(b)(2)(A) of this title for any non-government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission; and
(B) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after August 10, 1993, to utilize a radio station belonging to the United States for any non-government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission.
(2) Retention of forms The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof.
(3) Certification Within 1 year after August 10, 1993, the Secretary and the NTIA shall certify to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that—
(A) the amendments required by paragraph (1) have been accomplished; and
(B) the requirements of subparagraphs (A) and (B) of such paragraph are being enforced.
(Pub. L. 102538, title I, § 104, Oct. 27, 1992, 106 Stat. 3537; Pub. L. 10366, title VI, § 6001(b), Aug. 10, 1993, 107 Stat. 387.)
## Notes
Editorial Notes
Amendments1993—Subsec. (e). Pub. L. 10366 added subsec. (e).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 10414, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Authorization of Use of Spectrum By, and Provision of Spectrum Functions to, Federal Entity; ReimbursementPub. L. 1087, div. B, title II, Feb. 20, 2003, 117 Stat. 71, provided in part: “That hereafter, notwithstanding any other provision of law, NTIA [National Telecommunications and Information Administration] shall not authorize spectrum use or provide any spectrum functions pursuant to the National Telecommunications and Information Administration Organization Act, 47 U.S.C. 902903 [47 U.S.C. 901 et seq.], to any Federal entity without reimbursement as required by NTIA for such spectrum management costs, and Federal entities withholding payment of such cost shall not use spectrum”. Similar provisions were contained in the following prior appropriation acts: Pub. L. 10777, title II, Nov. 28, 2001, 115 Stat. 772. Pub. L. 106553, § 1(a)(2) [title II], Dec. 21, 2000, 114 Stat. 2762, 2762A72. Pub. L. 106113, div. B, § 1000(a)(1) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A26. Pub. L. 105277, div. A, § 101(b) [title II], Oct. 21, 1998, 112 Stat. 268150, 268180. Pub. L. 105119, title II, Nov. 26, 1997, 111 Stat. 2474. Pub. L. 104208, div. A, title I, § 101(a) [title II], Sept. 30, 1996, 110 Stat. 3009, 300935.
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# 47 U.S.C. § 904 - General administrative provisions
## Text
(a) Interagency functions (1) Agency consultation Federal agencies shall consult with the Assistant Secretary and the NTIA to ensure that the conduct of telecommunications activities by such agencies is consistent with the policies developed under section 902(b)(2)(K) of this title.
(2) Report to President The Secretary shall timely submit to the President each year the report (including evaluations and recommendations) provided for in section 744(a) 11 See References in Text note below. of this title.
(3) Coordination with Secretary of State The Secretary shall coordinate with the Secretary of State the performance of the functions described in section 902(b)(2)(C) of this title. The Corporation and concerned executive agencies shall provide the Secretary with such assistance, documents, and other cooperation as will enable the Secretary to carry out those functions.
(b) Advisory committees and informal consultations with industry To the extent the Assistant Secretary deems it necessary to continue the Interdepartmental Radio Advisory Committee, such Committee shall serve as an advisory committee to the Assistant Secretary and the NTIA. As permitted by law, the Assistant Secretary may establish one or more telecommunications or information advisory committees (or both) composed of experts in the telecommunications and/or information areas outside the Government. The NTIA may also informally consult with industry as appropriate to carry out the most effective performance of its functions.
(c) General provisions (1) Regulations The Secretary and NTIA shall issue such regulations as may be necessary to carry out the functions assigned under this chapter.
(2) Support and assistance from other agencies All executive agencies are authorized and directed to cooperate with the NTIA and to furnish it with such information, support, and assistance, not inconsistent with law, as it may require in the performance of its functions.
(3) Effect on vested functions Nothing in this chapter reassigns any function that is, on October 27, 1992, vested by law or executive order in the Commission, or the Department of State, or any officer thereof.
(d) Reorganization (1) Authority to reorganize Subject to paragraph (2), the Secretary may reassign to another unit of the Department of Commerce a function (or portion thereof) required to be assigned to the NTIA by section 902(b) of this title.
(2) Limitation on authority The Secretary may not make any reassignment of a function (or portion thereof) required to be assigned to the NTIA by section 902(b) of this title unless the Secretary submits to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a statement describing the proposed reassignment and containing an explanation of the reasons for the reassignment. No reassignment of any such function (or portion thereof) shall be effective until 90 legislative days after the Secretary submits that statement to such Committees. For purposes of this paragraph, the term “legislative days” includes only days on which both Houses of Congress are in session.
(e) Limitation on solicitations Notwithstanding section 1522 of title 15, neither the Secretary, the Assistant Secretary, nor any officer or employee of the NTIA shall solicit any gift or bequest of property, both real and personal, from any entity for the purpose of furthering the authorized functions of the NTIA if such solicitation would create a conflict of interest or an appearance of a conflict of interest.
(Pub. L. 102538, title I, § 105, Oct. 27, 1992, 106 Stat. 3538.)
## Notes
Editorial Notes
References in TextSection 744(a) of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 103414, title III, § 304(b)(4)(A), Oct. 25, 1994, 108 Stat. 4297.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 10414, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
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# 47 U.S.C. § 905 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 95567, title IV, § 402, Nov. 2, 1978, 92 Stat. 2424, which required the National Telecommunications and Information Administration to submit an annual report to Congress on activities of the Administration with respect to domestic communications, international communications, Federal Government communications, spectrum plans and policies, and other matters, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, 1st item on page 55 of House Document No. 1037.
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# 47 U.S.C. § 906 - Wireless supply chain innovation and multilateral security
## Text
(a) Communications technology security funds (1) Public Wireless Supply Chain Innovation Fund (A) Establishment (i) In general There is established in the Treasury of the United States a trust fund to be known as the “Public Wireless Supply Chain Innovation Fund” (referred to in this paragraph as the “Innovation Fund”).
(ii) Availability (I) In general Amounts appropriated to the Innovation Fund shall remain available through the end of the tenth fiscal year beginning after the date on which funds are appropriated to the Fund.
(II) Remainder to Treasury Any amounts remaining in the Innovation Fund after the end of the tenth fiscal year beginning after the date of appropriation shall be deposited in the general fund of the Treasury.
(B) Use of Fund (i) In general Amounts appropriated to the Innovation Fund shall be available to the Secretary, acting through the NTIA Administrator, to make grants on a competitive basis under this paragraph in such amounts as the Secretary, acting through the NTIA Administrator, determines appropriate, subject to clause (ii).
(ii) Limitation on grant amounts The amount of a grant awarded under this paragraph to a recipient for a specific research focus area may not exceed $50,000,000.
(C) Administration of Fund The Secretary, acting through the NTIA Administrator, in consultation with the Commission, the Under Secretary of Commerce for Standards and Technology, the Secretary of Homeland Security, the Secretary of Defense, and the Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence, shall establish criteria for grants awarded under this paragraph, by the NTIA Administrator and administer the Innovation Fund, to support the following:
(i) Promoting and deploying technology, including software, hardware, and microprocessing technology, that will enhance competitiveness in the fifth-generation (commonly known as “5G”) and successor wireless technology supply chains that use open and interoperable interface radio access networks.
(ii) Accelerating commercial deployments of open interface standards-based compatible, interoperable equipment, such as equipment developed pursuant to the standards set forth by organizations such as the O-RAN Alliance, the Telecom Infra Project, 3GPP, the Open-RAN Software Community, or any successor organizations.
(iii) Promoting and deploying compatibility of new 5G equipment with future open standards-based, interoperable equipment.
(iv) Managing integration of multi-vendor network environments.
(v) Identifying objective criteria to define equipment as compliant with open standards for multi-vendor network equipment interoperability.
(vi) Promoting and deploying security features enhancing the integrity and availability of equipment in multi-vendor networks.
(vii) Promoting and deploying network function virtualization to facilitate multi-vendor interoperability and a more diverse vendor market.
(D) Nonduplication To the greatest extent practicable, the Secretary, acting through the NTIA Administrator, shall ensure that any research funded by a grant awarded under this paragraph avoids duplication of other Federal or private sector research.
(E) Timing Not later than one year after the date on which funds are appropriated to the Innovation Fund, the Secretary, acting through the NTIA Administrator, shall begin awarding grants under this paragraph.
(F) Federal advisory body (i) Establishment The Secretary, acting through the NTIA Administrator, and in consultation with the Under Secretary of Commerce for Standards and Technology, shall establish a Federal advisory committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.),11 See References in Text note below. composed of government and private sector experts, to advise the Secretary and the NTIA Administrator on the administration of the Innovation Fund.
(ii) Composition The advisory committee established under clause (i) shall be composed of—
(I) representatives from—
(aa) the Commission;
(bb) the Department of Defense;
(cc) the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence;
(dd) the National Institute of Standards and Technology;
(ee) the Department of State;
(ff) the National Science Foundation;
(gg) the Department of Homeland Security; and
(hh) the National Telecommunications and Information Administration; and
(II) other representatives from the private and public sectors, at the discretion of the NTIA Administrator.
(iii) Duties The advisory committee established under clause (i) shall advise the Secretary and the NTIA Administrator on technology developments to help inform—
(I) the strategic direction of the Innovation Fund; and
(II) efforts of the Federal Government to promote a more secure, diverse, sustainable, and competitive supply chain.
(G) Reports to Congress (i) Initial report Not later than 180 days after January 1, 2021, the Secretary, acting through the NTIA Administrator, shall submit to the relevant committees of Congress a report with—
(I) additional recommendations on promoting the competitiveness and sustainability of trusted suppliers in the wireless supply chain; and
(II) any additional authorities needed to facilitate the timely adoption of open standards-based equipment, including authority to provide loans, loan guarantees, and other forms of credit extension that would maximize the use of funds.
(ii) Annual report For each fiscal year for which amounts in the Innovation Fund are available under this paragraph, the Secretary, acting through the NTIA Administrator, shall submit to Congress a report that—
(I) describes how, and to whom (including whether recipients are majority owned and controlled by minority individuals and majority owned and controlled by women), amounts in the Innovation Fund have been deployed;
(II) details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph (C); and
(III) includes any additional information that the Secretary and the NTIA Administrator determine appropriate.
(2) Multilateral Telecommunications Security Fund (A) Establishment of Fund (i) In general There is established in the Treasury of the United States a trust fund to be known as the “Multilateral Telecommunications Security Fund”.
(ii) Use of Fund Amounts appropriated to the Multilateral Telecommunications Security Fund shall be available to the Secretary of State to make expenditures under this paragraph in such amounts as the Secretary of State determines appropriate.
(iii) Availability (I) In general Amounts appropriated to the Multilateral Telecommunications Security Fund—
(aa) shall remain available through the end of the tenth fiscal year beginning after the date of appropriation; and
(bb) may only be allocated upon the Secretary of State reaching an arrangement or agreement with foreign government partners to participate in the common funding mechanism described in subparagraph (B).
(II) Remainder to Treasury Any amounts remaining in the Multilateral Telecommunications Security Fund after the end of the tenth fiscal year beginning after January 1, 2021 shall be deposited in the general fund of the Treasury.
(B) Administration of Fund The Secretary of State, in consultation with the NTIA Administrator, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Treasury, the Director of National Intelligence, and the Commission, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Multilateral Telecommunications Security Fund to support the development and adoption of secure and trusted telecommunications technologies. In creating and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure commitments and contributions from trusted foreign partners such as the United Kingdom, Canada, Australia, New Zealand, and Japan, and should prioritize the following objectives:
(i) Advancing research and development of secure and trusted communications technologies.
(ii) Strengthening supply chains.
(iii) Promoting the use of trusted vendors.
(C) Notifications to be provided by the Fund (i) In general Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subparagraph (A)(ii) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate congressional committees a report in writing that contains the information required by clause (ii).
(ii) Information required The information required by this clause includes—
(I) the amount of each such expenditure;
(II) an identification of the recipient or beneficiary; and
(III) a description of the project or activity and the purpose to be achieved of an expenditure by the Fund.
(iii) Arrangements or agreements The Secretary of State shall notify the appropriate congressional committees not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subparagraph (A)(iii)(I)(bb).
(iv) Appropriate congressional committees defined In this subparagraph, the term “appropriate congressional committees” means—
(I) the Committee on Foreign Relations of the Senate;
(II) the Committee on Appropriations of the Senate;
(III) the Committee on Foreign Affairs of the House of Representatives; and
(IV) the Committee on Appropriations of the House of Representatives.
(b) Promoting United States leadership in international organizations and communications standards-setting bodies (1) In general The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission, or their designees, shall consider how to enhance representation of the United States at international forums that set standards for 5G networks and for future generations of wireless communications networks, including—
(A) the International Telecommunication Union (commonly known as “ITU”);
(B) the International Organization for Standardization (commonly known as “ISO”);
(C) the Inter-American Telecommunication Commission (commonly known as “CITEL”); and
(D) the voluntary standards organizations that develop protocols for wireless devices and other equipment, such as the 3GPP and the Institute of Electrical and Electronics Engineers (commonly known as “IEEE”).
(2) Annual report The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission shall jointly submit to the relevant committees of Congress an annual report on the progress made under paragraph (1).
(c) Definitions In this section:
(1) The term “3GPP” means the Third Generation Partnership Project.
(2) The term “5G network” means a radio network as described by 3GPP Release 15 or higher.
(3) The term “Commission” means the Federal Communications Commission.
(4) The term “NTIA Administrator” means the Assistant Secretary of Commerce for Communications and Information.
(5) The term “Open-RAN” means the Open Radio Access Network approach to standardization adopted by the O-RAN Alliance, Telecom Infra Project, or 3GPP, or any similar set of open standards for multi-vendor network equipment interoperability.
(6) The term “relevant committees of Congress” means—
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and Transportation of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Permanent Select Committee on Intelligence of the House of Representatives;
(H) the Committee on Foreign Affairs of the House of Representatives;
(I) the Committee on Homeland Security of the House of Representatives;
(J) the Committee on Armed Services of the House of Representatives;
(K) the Committee on Energy and Commerce of the House of Representatives; and
(L) the Committee on Appropriations of the House of Representatives.
(7) The term “Secretary” means the Secretary of Commerce.
(Pub. L. 116283, div. H, title XCII, § 9202, Jan. 1, 2021, 134 Stat. 4788; Pub. L. 117167, div. A, § 105(b), Aug. 9, 2022, 136 Stat. 1392; Pub. L. 11831, div. F, title LXVII, § 6707(b)(1)(A), Dec. 22, 2023, 137 Stat. 1018.)
## Notes
Editorial Notes
References in TextThe Federal Advisory Committee Act, referred to in subsec. (a)(1)(F)(i), is Pub. L. 92463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Codification Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the National Telecommunications and Information Administration Organization Act which comprises this chapter.
Amendments2023—Subsec. (a)(2)(C), (D). Pub. L. 11831 redesignated subpar. (D) as (C) and struck out former subpar. (C) which related to annual report to Congress. 2022—Subsec. (a)(1)(G)(ii)(I). Pub. L. 117167 inserted “(including whether recipients are majority owned and controlled by minority individuals and majority owned and controlled by women)” after “to whom”.
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# 47 U.S.C. § 921 - Definitions
## Text
As used in this subchapter:
(1) The term “allocation” means an entry in the National Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more radiocommunication services.
(2) The term “assignment” means an authorization given to a station licensee to use specific frequencies or channels.
(3) The term “the 1934 Act” means the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(Pub. L. 102538, title I, § 111, as added Pub. L. 10366, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 379.)
## Notes
Editorial Notes
References in TextThe Communications Act of 1934, referred to in par. (3), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Statutory Notes and Related Subsidiaries
Spectrum AuctionsPub. L. 11758, div. I, § 90008(a), (b), Nov. 15, 2021, 135 Stat. 1348, 1349, provided that: “(a) Definitions.—In this section:“(1) Commission.—The term Commission means the Federal Communications Commission. “(2) Covered band.—The term covered band means the band of frequencies between 3100 and 3450 megahertz. “(3) Relevant congressional committees.—The term relevant congressional committees means—“(A) the Committee on Armed Services of the Senate; “(B) the Committee on Armed Services of the House of Representatives; “(C) the Committee on Commerce, Science, and Transportation of the Senate; and “(D) the Committee on Energy and Commerce of the House of Representatives. “(b) 3.13.45 GHz Band.—“(1) Pre-auction funding.—“(A) In general.—On the date of enactment of this Act [Nov. 15, 2021], the Director of the Office of Management and Budget shall transfer $50,000,000 from the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Act (47 U.S.C. 928) to the Department of Defense for the purpose of research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of the spectrum use of the Department of Defense in order to make available electromagnetic spectrum in the covered band—“(i) for reallocation for shared Federal and non-Federal commercial licensed use; and “(ii) for auction under paragraph (3) of this subsection. “(B) Exemption.—Section 118(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)) shall not apply with respect to the payment required under subparagraph (A). “(C) Report to secretary of commerce.—For purposes of paragraph (2)(A), the Secretary of Defense shall report to the Secretary of Commerce the findings of the planning activities described in subparagraph (A) of this paragraph. “(2) Identification.—“(A) In general.—Not later than 21 months after the date of enactment of this Act, in accordance with the findings of the planning activities described in paragraph (1)(A) and subject to the determination of the Secretary of Defense under subparagraph (B) of this paragraph, the Secretary of Commerce, in coordination with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and relevant congressional committees, shall—“(i) determine which frequencies of electromagnetic spectrum in the covered band could be made available on a shared basis between Federal use and non-Federal commercial licensed use, subject to flexible-use service rules; and “(ii) submit to the President and the Commission a report that identifies the frequencies determined appropriate under clause (i). “(B) Required determination.—The Secretary of Commerce may identify frequencies under subparagraph (A)(ii) only if the Secretary of Defense has determined that sharing those frequencies with non-Federal users would not impact the primary mission of military spectrum users in the covered band. “(3) Auction.—Not earlier than November 30, 2024, the Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information, shall begin a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the spectrum identified under paragraph (2)(A)(ii) of this subsection. “(4) Sharing of spectrum.—Not earlier than May 31, 2025, the President shall modify any assignment to a Federal Government station of the frequencies identified under clause (ii) of paragraph (2)(A) in order to accommodate shared Federal and non-Federal commercial licensed use in accordance with that paragraph. “(5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.—Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).”
Reallocation and Auction of 34503550 MHZ Spectrum BandPub. L. 116260, div. FF, title IX, § 905, Dec. 27, 2020, 134 Stat. 3215, provided that: “(a) Short Title.—This section may be cited as the Beat China by Harnessing Important, National Airwaves for 5G Act of 2020 or the Beat CHINA for 5G Act of 2020. “(b) Definitions.—In this Act [probably means “this section”]—“(1) the term Commission means the Federal Communications Commission; and “(2) the term covered band means the band of electromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, inclusive. “(c) Withdrawal or Modification of Federal Government Assignments.—The President, acting through the Assistant Secretary of Commerce for Communications and Information, shall—“(1) not later than 180 days after the date of enactment of this Act [Dec. 27, 2020], in coordination with relevant Federal users, begin the process of withdrawing or modifying the assignments to Federal Government stations of the covered band as necessary for the Commission to comply with subsection (d); and “(2) not later than 30 days after completing any necessary withdrawal or modification under paragraph (1), notify the Commission that the withdrawal or modification is complete. “(d) Reallocation and Auction.—“(1) In general.—The Commission shall—“(A) revise the non-Federal allocation for the covered band to permit flexible-use services; and “(B) notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than December 31, 2021, begin a system of competitive bidding under that section to grant new initial licenses for the use of a portion or all of the covered band, subject to flexible-use service rules. “(2) Exemption from notification requirement.—The first sentence of section 113(g)(4)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to the system of competitive bidding required under paragraph (1)(B) of this subsection. “(3) Proceeds to cover 110 percent of federal relocation or sharing costs.—Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).”
Identification, Reallocation, and Auction of Federal SpectrumPub. L. 11474, title X, §§ 10021004, Nov. 2, 2015, 129 Stat. 621, as amended by Pub. L. 114328, div. A, title X, § 1044, Dec. 23, 2016, 130 Stat. 2394, provided that: “SEC. 1002. DEFINITIONS.“In this title [see Short Title of 2015 Amendment note set out under section 901 of this title]:“(1) Assistant secretary.—The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. “(2) Commission.—The term Commission means the Federal Communications Commission. “(3) Federal entity.—The term Federal entity has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). “(4) Secretary.—The term Secretary means the Secretary of Commerce. “SEC. 1003. RULE OF CONSTRUCTION.“Each range of frequencies described in this title shall be construed to be inclusive of the upper and lower frequencies in the range. “SEC. 1004. IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL SPECTRUM.“(a) Identification of Spectrum.—Not later than January 1, 2022, the Secretary shall submit to the President and to the Commission a report identifying 30 megahertz of electromagnetic spectrum (in bands of not less than 10 megahertz of contiguous frequencies) below the frequency of 3 gigahertz (except for the spectrum between the frequencies of 1675 megahertz and 1695 megahertz) for reallocation from Federal use to non-Federal use or shared Federal and non-Federal use, or a combination thereof. “(b) Clearing of Spectrum.—The President shall—“(1) not later than January 1, 2022, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum identified under subsection (a); and “(2) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete. “(c) Reallocation and Auction.—“(1) In general.—The Commission shall—“(A) reallocate the electromagnetic spectrum identified under subsection (a) for non-Federal use or shared Federal and non-Federal use, or a combination thereof; and “(B) notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than July 1, 2024, begin a system of competitive bidding under such section to grant new initial licenses for the use of such spectrum, subject to flexible-use service rules. “(2) Proceeds to cover 110 percent of federal relocation or sharing costs.—Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). “(d) Protection of Certain Federal Spectrum Operations.—If the report required by subsection (a) determines that reallocation and auction of the spectrum described in the report would harm national security by impacting existing terrestrial Federal spectrum operations at the Nevada Test and Training Range, the Commission, in coordination with the Secretary shall, prior to the auction described in subsection (c)(1)(B), establish rules for licensees in such spectrum sufficient to mitigate harmful interference to such operations. “(e) Rule of Construction.—Nothing in this section shall be construed to affect any requirement under section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 921 note; Public Law 10665).”
Study and Report on Current and Future Spectrum UsePub. L. 106553, § 1(a)(2) [title II], Dec. 21, 2000, 114 Stat. 2762, 2762A73, provided in part that the Administrator would, after consultation with other appropriate agencies, complete and submit to Congress not later than twelve months after Dec. 21, 2000, a study of the current and future use of spectrum by these entities to protect and maintain the nations critical infrastructure and also provided that within six months after the release of this study, the Chairman of the Federal Ccommunication Commission was to submit a report to Congress on actions that could be taken by the Commission to address any needs identified in the study.
Report on Progress on Spectrum SharingPub. L. 106398, § 1 [[div. A], title XVII, § 1705], Oct. 30, 2000, 114 Stat. 1654, 1654A366, provided that the Secretary of Defense, in consultation with the Attorney General and the Secretary of Commerce, would provide for an engineering study to identify any portion of the 138144 megahertz band that the Department of Defense could share in various geographic regions with public safety radio services, any measures required to prevent harmful interference between Department of Defense systems and the public safety systems, and a reasonable schedule for implementation of sharing of frequencies, with an interim report due to Congress by 1 year after Oct. 30, 2000, on progress of the study, and no later than Jan. 1, 2002, a report submitted jointly by the Secretary of Commerce and the Chairman of the Federal Communication Commission on alternative frequencies available for use by public safety systems.
Surrender of Department of Defense SpectrumPub. L. 10665, div. A, title X, § 1062(b), Oct. 5, 1999, 113 Stat. 768, provided that: “(1) In general.—If, in order to make available for other use a band of frequencies of which it is a primary user, the Department of Defense is required to surrender use of such band of frequencies, the Department shall not surrender use of such band of frequencies until—“(A) the National Telecommunications and Information Administration, in consultation with the Federal Communications Commission, identifies and makes available to the Department for its primary use, if necessary, an alternative band or bands of frequencies as a replacement for the band to be so surrendered; and “(B) the Secretary of Commerce, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff jointly certify to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Armed Services and the Committee on Commerce [now Committee on Energy and Commerce] of the House of Representatives, that such alternative band or bands provides comparable technical characteristics to restore essential military capability that will be lost as a result of the band of frequencies to be so surrendered. “(2) Exception.—Paragraph (1) shall not apply to a band of frequencies that has been identified for reallocation in accordance with title VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law 10366; 107 Stat. 379) [enacting sections 159 and 921 to 927 of this title and amending sections 152, 153, 156, 158, 309, 332, and 903 of this title] and title III of the Balanced Budget Act of 1997 (Public Law 10533, 111 Stat. 258) [enacting section 337 of this title, amending sections 153, 303, 309, and 923 to 925 of this title, and repealing provisions set out as a note under section 309 of this title], other than a band of frequencies that is reclaimed pursuant to subsection (c) [amending section 923 of this title and enacting provisions set out as a note below].” [Pub. L. 108494, title II, § 206, Dec. 23, 2004, 118 Stat. 3996, provided that: “Nothing in this title [see Short Title of 2004 Amendment note set out under section 901 of this title] is intended to modify section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 10665) [set out above].” ]
Reassignment to Federal Government for Use by Department of Defense of Certain Frequency Spectrum Recommended for ReallocationPub. L. 10665, div. A, title X, § 1062(c)(1), Oct. 5, 1999, 113 Stat. 768, provided that: “Notwithstanding any provision of the National Telecommunications and Information Administration Organization Act [47 U.S.C. 901 et seq.] or the Balanced Budget Act of 1997 [Pub. L. 10533, see Tables for classification], the President shall reclaim for exclusive Federal Government use on a primary basis by the Department of Defense— “(A) the bands of frequencies aggregating 3 megahertz located between 138 and 144 megahertz that were recommended for reallocation in the second reallocation report under section 113(a) of that Act [probably means 47 U.S.C. 923(a)]; and “(B) the band of frequency aggregating 5 megahertz located between 1385 megahertz and 1390 megahertz, inclusive, that was so recommended for reallocation.”
Assessment of Electromagnetic Spectrum ReallocationPub. L. 102538, title I, § 156, as added by Pub. L. 10665, div. A, title X, § 1062(a), Oct. 5, 1999, 113 Stat. 767, required the Secretary of Commerce to convene an interagency review and assessment of the progress made in implementation of national spectrum planning, the reallocation of Federal Government spectrum to non-Federal use, and the implications for such reallocations to the affected Federal executive agencies and to submit to the President and committees of Congress, not later than Oct. 1, 2000, a report on the assessment.
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# 47 U.S.C. § 922 - National spectrum allocation planning
## Text
The Assistant Secretary and the Chairman of the Commission shall meet, at least biannually, to conduct joint spectrum planning with respect to the following issues:
(1) the extent to which licenses for spectrum use can be issued pursuant to section 309(j) of this title to increase Federal revenues;
(2) the future spectrum requirements for public and private uses, including State and local government public safety agencies;
(3) the spectrum allocation actions necessary to accommodate those uses; and
(4) actions necessary to promote the efficient use of the spectrum, including spectrum management techniques to promote increased shared use of the spectrum that does not cause harmful interference as a means of increasing commercial access.
(Pub. L. 102538, title I, § 112, as added Pub. L. 10366, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 380.)
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# 47 U.S.C. § 924 - Withdrawal or limitation of assignment to Federal Government stations
## Text
(a) In general The President shall—
(1) within 6 months after receipt of a report by the Secretary under subsection (a), (d)(1), or (f) of section 923 of this title, withdraw the assignment to a Federal Government station of any frequency which the report recommends for immediate reallocation;
(2) within any such 6-month period, limit the assignment to a Federal Government station of any frequency which the report recommends be made immediately available for mixed use under section 923(b)(2) of this title;
(3) by the delayed effective date recommended by the Secretary under section 923(e) of this title (except as provided in subsection (b)(4) of this section), withdraw or limit the assignment to a Federal Government station of any frequency which the report recommends be reallocated or made available for mixed use on such delayed effective date;
(4) assign or reassign other frequencies to Federal Government stations as necessary to adjust to such withdrawal or limitation of assignments; and
(5) transmit a notice and description to the Commission and each House of Congress of the actions taken under this subsection.
(b) Exceptions (1) Authority to substitute If the President determines that a circumstance described in paragraph (2) exists, the President—
(A) may substitute an alternative frequency or frequencies for the frequency that is subject to such determination and withdraw (or limit) the assignment of that alternative frequency in the manner required by subsection (a); and
(B) shall submit a statement of the reasons for taking the action described in subparagraph (A) to the Commission, Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
(2) Grounds for substitution For purposes of paragraph (1), the following circumstances are described in this paragraph:
(A) the reassignment would seriously jeopardize the national defense interests of the United States;
(B) the frequency proposed for reassignment is uniquely suited to meeting important governmental needs;
(C) the reassignment would seriously jeopardize public health or safety;
(D) the reassignment will result in costs to the Federal Government that are excessive in relation to the benefits that may be obtained from commercial or other non-Federal uses of the reassigned frequency; or
(E) the reassignment will disrupt the existing use of a Federal Government band of frequencies by amateur radio licensees.
(3) Criteria for substituted frequencies For purposes of paragraph (1), a frequency may not be substituted for a frequency identified and recommended by the report of the Secretary under section 923(a) of this title unless the substituted frequency also meets each of the criteria specified by section 923(a) of this title.
(4) Delays in implementation If the President determines that any action cannot be completed by the delayed effective date recommended by the Secretary pursuant to section 923(e) of this title, or that such an action by such date would result in a frequency being unused as a consequence of the Commissions plan under section 925 of this title, the President may—
(A) withdraw or limit the assignment to Federal Government stations on a later date that is consistent with such plan, except that the President shall notify each committee specified in paragraph (1)(B) and the Commission of the reason that withdrawal or limitation at a later date is required; or
(B) substitute alternative frequencies pursuant to the provisions of this subsection.
(Pub. L. 102538, title I, § 114, as added Pub. L. 10366, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 384; amended Pub. L. 10533, title III, § 3002(d)(2), Aug. 5, 1997, 111 Stat. 264.)
## Notes
Editorial Notes
Amendments1997—Subsec. (a)(1). Pub. L. 10533, § 3002(d)(2)(A), substituted “subsection (a), (d)(1), or (f)” for “subsection (a) or (d)(1)”. Subsec. (a)(2). Pub. L. 10533, § 3002(d)(2)(B), substituted “any such 6-month period” for “either such 6-month period”.
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# 47 U.S.C. § 925 - Distribution of frequencies by Commission
## Text
(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. § 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.
(Pub. L. 102538, title I, § 115, as added Pub. L. 10366, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 385; amended Pub. L. 10533, title III, § 3002(e)(4), Aug. 5, 1997, 111 Stat. 265.)
## Notes
Editorial Notes
References in TextFor definition of the 1934 Act, referred to in subsecs. (b) and (c)(1), see section 921(3) of this title.
Amendments1997—Subsec. (b). Pub. L. 10533, § 3002(e)(4)(A), substituted “the initial reallocation report required” for “the report required” in introductory provisions. Subsec. (c). Pub. L. 10533, § 3002(e)(4)(B), added subsec. (c).
Statutory Notes and Related Subsidiaries
Accelerated Availability for Auction of 1,7101,755 Megahertz From Initial Reallocation ReportPub. L. 10533, title III, § 3002(b), Aug. 5, 1997, 111 Stat. 260, provided that: “The band of frequencies located at 1,7101,755 megahertz identified in the initial reallocation report under section 113(a) of the National Telecommunications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and section 115(b)(1) of such Act [47 U.S.C. 925(b)(1)], be available in accordance with this subsection for assignment for commercial use. The Commission shall assign licenses for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).”
Commission Obligation To Make Additional Spectrum Available by AuctionPub. L. 10533, title III, § 3002(c), Aug. 5, 1997, 111 Stat. 261, provided that: “(1) In general.—The Commission shall complete all actions necessary to permit the assignment by September 30, 2002, by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the use of bands of frequencies that—“(A) in the aggregate span not less than 55 megahertz; “(B) are located below 3 gigahertz; “(C) have not, as of the date of enactment of this Act [Aug. 5, 1997]—“(i) been designated by Commission regulation for assignment pursuant to such section; “(ii) been identified by the Secretary of Commerce pursuant to section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); “(iii) been allocated for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305); “(iv) been designated for reallocation under section 337 of the Communications Act of 1934 [47 U.S.C. 337] (as added by this Act); or “(v) been allocated or authorized for unlicensed use pursuant to part 15 of the Commissions regulations (47 C.F.R. Part 15), if the operation of services licensed pursuant to competitive bidding would interfere with operation of end-user products permitted under such regulations; “(D) include frequencies at 2,1102,150 megahertz; and “(E) include 15 megahertz from within the bands of frequencies at 1,9902,110 megahertz. “(2) Criteria for Reassignment.—In making available bands of frequencies for competitive bidding pursuant to paragraph (1), the Commission shall—“(A) seek to promote the most efficient use of the electromagnetic spectrum; “(B) consider the cost of relocating existing uses to other bands of frequencies or other means of communication; “(C) consider the needs of existing public safety radio services (as such services are described in section 309(j)(2)(A) of the Communications Act of 1934, as amended by this Act); “(D) comply with the requirements of international agreements concerning spectrum allocations; and “(E) coordinate with the Secretary of Commerce when there is any impact on Federal Government spectrum use. “(3) Use of bands at 2,1102,150 megahertz.—The Commission shall reallocate spectrum located at 2,1102,150 megahertz for assignment by competitive bidding unless the Commission determines that auction of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce greater receipts. If the Commission makes such a determination, then the Commission shall, within 2 years after the date of enactment of this Act [Aug. 5, 1997], identify an alternative 40 megahertz, and report to the Congress an identification of such alternative 40 megahertz for assignment by competitive bidding. “(4) Use of 15 megahertz from bands at 1,9902,110 megahertz.—The Commission shall reallocate 15 megahertz from spectrum located at 1,9902,110 megahertz for assignment by competitive bidding unless the President determines such spectrum cannot be reallocated due to the need to protect incumbent Federal systems from interference, and that allocation of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce comparable receipts. If the President makes such a determination, then the President shall, within 2 years after the date of enactment of this Act, identify alternative bands of frequencies totalling 15 megahertz, and report to the Congress an identification of such alternative bands for assignment by competitive bidding. “(5) Notification to the Secretary of Commerce.—The Commission shall attempt to accommodate incumbent licensees displaced under this section by relocating them to other frequencies available for allocation by the Commission. The Commission shall notify the Secretary of Commerce whenever the Commission is not able to provide for the effective relocation of an incumbent licensee to a band of frequencies available to the Commission for assignment. The notification shall include—“(A) specific information on the incumbent licensee; “(B) the bands the Commission considered for relocation of the licensee; “(C) the reasons the licensee cannot be accommodated in such bands; and “(D) the bands of frequencies identified by the Commission that are—“(i) suitable for the relocation of such licensee; and “(ii) allocated for Federal Government use, but that could be reallocated pursuant to part B of the National Telecommunications and Information Administration Organization Act (as amended by this Act) [part B (§§ 131135) of title I of Pub. L. 102538, see Tables for classification].”
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# 47 U.S.C. § 926 - Authority to recover reassigned frequencies
## Text
(a) Authority of President Subsequent to the withdrawal of assignment to Federal Government stations pursuant to section 924 of this title, the President may reclaim reassigned frequencies for reassignment to Federal Government stations in accordance with this section.
(b) Procedure for reclaiming frequencies (1) Unallocated frequencies If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act [47 U.S.C. 151 et seq.], the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title.
(2) Allocated frequencies If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title, except that the statement required by section 924(b)(1)(B) of this title shall include—
(A) a timetable to accommodate an orderly transition for licensees to obtain new frequencies and equipment necessary for its utilization; and
(B) an estimate of the cost of displacing spectrum users licensed by the Commission.
(c) Costs of reclaiming frequencies The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is rendered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(d) Effective date of reclaimed frequencies The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 924(b)(1)(B) of this title pertaining to such frequencies is received by the Commission.
(e) Effect on other law Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606).
(Pub. L. 102538, title I, § 116, as added Pub. L. 10366, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.)
## Notes
Editorial Notes
References in TextFor definition of the 1934 Act, referred to in subsec. (b)(1), see section 921(3) of this title.
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# 47 U.S.C. § 927 - Existing allocation and transfer authority retained
## Text
(a) Additional reallocation Nothing in this subchapter prevents or limits additional reallocation of spectrum from the Federal Government to other users.
(b) Implementation of new technologies and services Notwithstanding any other provision of this subchapter—
(1) the Secretary may, consistent with section 903(e) of this title, at any time allow frequencies allocated on a primary basis for Federal Government use to be used by non-Federal licensees on a mixed-use basis for the purpose of facilitating the prompt implementation of new technologies or services and for other purposes; and
(2) the Commission shall make any allocation and licensing decisions with respect to such frequencies in a timely manner and in no event later than the date required by section 157 of this title.
(Pub. L. 102538, title I, § 117, as added Pub. L. 10366, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.)
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# 47 U.S.C. § 928 - Spectrum Relocation Fund
## Text
(a) Establishment of Spectrum Relocation Fund There is established on the books of the Treasury a separate fund to be known as the “Spectrum Relocation Fund” (in this section referred to as the “Fund”), which shall be administered by the Office of Management and Budget (in this section referred to as “OMB”), in consultation with the NTIA.
(b) Crediting of receipts The Fund shall be credited with the amounts specified in section 309(j)(8)(D) of this title.
(c) Use of funds The amounts in the Fund from auctions of eligible frequencies are authorized to be used to pay relocation or sharing costs of an eligible Federal entity incurring such costs with respect to relocation from or sharing of those frequencies.
(d) Fund availability (1) Appropriation There are hereby appropriated from the Fund such sums as are required to pay the relocation or sharing costs specified in subsection (c).
(2) Transfer conditions None of the funds provided under this subsection may be transferred to any eligible Federal entity—
(A) unless the eligible Federal entity has submitted a transition plan to the NTIA as required by paragraph (1) of section 923(h) of this title, the Technical Panel has found such plan sufficient under paragraph (4) of such section, and the NTIA has made available such plan on its website as required by paragraph (5) of such section;
(B) unless the Director of OMB has determined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation or sharing; and
(C) until 30 days after the Director of OMB has submitted to the Committees on Appropriations and Energy and Commerce of the House of Representatives for approval, to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate for approval, and to the Comptroller General a detailed plan describing specifically how the sums transferred from the Fund will be used to pay relocation or sharing costs in accordance with such subsection and the timeline for such relocation or sharing.
Unless disapproved within 30 days, the amounts in the Fund shall be available immediately. If the plan is disapproved, the Director may resubmit a revised plan.
(3) Transfers for pre-auction costs (A) In general Subject to subparagraph (B), the Director of OMB may transfer to an eligible Federal entity, at any time (including prior to a scheduled auction), such sums as may be available in the Fund to pay relocation or sharing costs related to pre-auction estimates or research, as such costs are described in section 923(g)(3)(A)(iii) of this title.
(B) Notification No funds may be transferred pursuant to subparagraph (A) unless—
(i) the notification provided under paragraph (2)(C) includes a certification from the Director of OMB that—
(I) funds transferred before an auction will likely allow for timely implementation of relocation or sharing, thereby increasing net expected auction proceeds by an amount not less than the time value of the amount of funds transferred; and
(II) the auction is intended to occur not later than 8 years after transfer of funds; and
(ii) the transition plan submitted by the eligible Federal entity under section 923(h)(1) of this title provides—
(I) to the fullest extent possible, for sharing and coordination of eligible frequencies with non-Federal users, including reasonable accommodation by the eligible Federal entity for the use of eligible frequencies by non-Federal users during the period that the entity is relocating its spectrum uses (in this clause referred to as the “transition period”);
(II) for non-Federal users to be able to use eligible frequencies during the transition period in geographic areas where the eligible Federal entity does not use such frequencies;
(III) that the eligible Federal entity will, during the transition period, make itself available for negotiation and discussion with non-Federal users not later than 30 days after a written request therefor; and
(IV) that the eligible Federal entity will, during the transition period, make available to a non-Federal user with appropriate security clearances any classified information (as defined in section 798(b) of title 18) regarding the relocation process, on a need-to-know basis, to assist the non-Federal user in the relocation process with such eligible Federal entity or other eligible Federal entities.
(C) Applicability to certain costs (i) In general The Director of OMB may transfer under subparagraph (A) not more than $10,000,000 for costs incurred after June 28, 2010, but before February 22, 2012.
(ii) Supplement not supplant Any amounts transferred by the Director of OMB pursuant to clause (i) shall be in addition to any amounts that the Director of OMB may transfer for costs incurred on or after February 22, 2012.
(4) Reversion of unused funds Any amounts in the Fund that are remaining after the payment of the relocation or sharing costs that are payable from the Fund shall revert to and be deposited in the general fund of the Treasury, for the sole purpose of deficit reduction, not later than 8 years after the date of the deposit of such proceeds to the Fund, unless within 60 days in advance of the reversion of such funds, the Director of OMB, in consultation with the NTIA, notifies the congressional committees described in paragraph (2)(C) that such funds are needed to complete or to implement current or future relocation or sharing arrangements.
(e) Transfer to eligible Federal entities (1) Transfer (A) Amounts made available pursuant to subsection (d) shall be transferred to eligible Federal entities, as defined in section 923(g)(1) of this title.
(B) An eligible Federal entity may receive more than one such transfer, but if the sum of the subsequent transfer or transfers exceeds 10 percent of the original transfer—
(i) such subsequent transfers are subject to prior approval by the Director of OMB as required by subsection (d)(2)(B);
(ii) the notice to the committees containing the plan required by subsection (d)(2)(C) shall be not less than 45 days prior to the date of the transfer that causes such excess above 10 percent; and
(iii) such notice shall include, in addition to such plan, an explanation of need for such subsequent transfer or transfers.
(C) Such transferred amounts shall be credited to the appropriations account of the eligible Federal entity which has incurred, or will incur, such costs, and shall, subject to paragraph (2), remain available until expended.
(D) At the request of an eligible Federal entity, the Director of the Office of Management and Budget (in this subsection referred to as “OMB”) may transfer the amount under subparagraph (A) immediately—
(i) after the frequencies are reallocated by competitive bidding under section 309(j) of this title; or
(ii) in the case of an incumbent Federal entity that is incurring relocation or sharing costs to accommodate sharing spectrum frequencies with another Federal entity, after the frequencies from which the other eligible Federal entity is relocating are reallocated by competitive bidding under section 309(j) of this title, without regard to the availability of such sums in the Fund.
(E) Prior to the deposit of proceeds into the Fund from an auction, the Director of OMB may borrow from the Treasury the amount under subparagraph (A) for a transfer under subparagraph (D). The Treasury shall immediately be reimbursed, without interest, from funds deposited into the Fund.
(2) Retransfer to fund An eligible Federal entity that has received such amounts shall report its expenditures to OMB and shall transfer any amounts in excess of actual relocation or sharing costs back to the Fund immediately after the NTIA has notified the Commission that the relocation of the entity or implementation of the sharing arrangement by the entity is complete, or has determined that such entity has unreasonably failed to complete such relocation or the implementation of such arrangement in accordance with the timeline required by subsection (d)(2)(B).
(f) Additional payments from Fund (1) Amounts available Notwithstanding subsections (c) through (e), after February 22, 2012, there are appropriated from the Fund and available to the Director of OMB for use in accordance with paragraph (2) not more than 10 percent of the amounts deposited in the Fund from auctions occurring after such date of licenses for the use of spectrum vacated by eligible Federal entities.
(2) Use of amounts (A) In general The Director of OMB, in consultation with the NTIA, may use amounts made available under paragraph (1) to make payments to eligible Federal entities that are implementing a transition plan submitted under section 923(h)(1) of this title in order to encourage such entities to complete the implementation more quickly, thereby encouraging timely access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use.
(B) Conditions In the case of any payment by the Director of OMB under subparagraph (A)—
(i) such payment shall be based on the market value of the eligible frequencies, the timeliness with which the eligible Federal entity clears its use of such frequencies, and the need for such frequencies in order for the entity to conduct its essential missions;
(ii) the eligible Federal entity shall use such payment for the purposes specified in clauses (i) through (v) of section 923(g)(3)(A) of this title to achieve comparable capability of systems affected by the reallocation of eligible frequencies from Federal use to exclusive non-Federal use or to shared use;
(iii) such payment may not be made if the amount remaining in the Fund after such payment will be less than 10 percent of the winning bids in the auction of the spectrum with respect to which the Federal entity is incurring relocation or sharing costs; and
(iv) such payment may not be made until 30 days after the Director of OMB has notified the congressional committees described in subsection (d)(2)(C).
(g) Additional payments for research and development and planning activities (1) Amounts available Notwithstanding subsections (c) through (e)—
(A) there are appropriated from the Fund on November 2, 2015, and available to the Director of OMB for use in accordance with paragraph (2), not more than $500,000,000 from amounts in the Fund on November 2, 2015; and
(B) there are appropriated from the Fund after November 2, 2015, and available to the Director of OMB for use in accordance with such paragraph, not more than 10 percent of the amounts deposited in the Fund after November 2, 2015.
(2) Use of amounts (A) In general The Director of OMB may use amounts made available under paragraph (1) to make payments requested by Federal entities for research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities intended to improve the efficiency and effectiveness of the spectrum use of Federal entities in order to make available frequencies described in subparagraph (C) for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation.
(B) Systems that improve efficiency and effectiveness of Federal spectrum use For purposes of a payment under subparagraph (A) for activities with respect to systems that improve the efficiency and effectiveness of the spectrum use of Federal entities, such systems include the following:
(i) Systems that have increased functionality or that increase the ability of a Federal entity to accommodate spectrum sharing with non-Federal entities.
(ii) Systems that consolidate functions or services that have been provided using separate systems.
(iii) Non-spectrum technology or systems.
(C) Frequencies described The frequencies described in this subparagraph are, with respect to a payment under subparagraph (A), frequencies that—
(i) are assigned to a Federal entity; and
(ii) at the time of the activities conducted with such payment, are not identified for auction.
(D) Conditions The Director of OMB may not make a payment to a Federal entity under subparagraph (A)—
(i) unless—
(I) the Federal entity has submitted to the Technical Panel established under section 923(h)(3) of this title a plan describing the activities that the Federal entity will conduct with such payment;
(II) the Technical Panel has approved such plan under subparagraph (E); and
(III) the Director of OMB has submitted the plan approved under subparagraph (E) to the congressional committees described in subsection (d)(2)(C); and
(ii) until 60 days have elapsed after submission of the plan under clause (i)(III).
(E) Review by technical panel (i) In general Not later than 120 days after a Federal entity submits a plan under subparagraph (D)(i)(I) to the Technical Panel established under section 923(h)(3) of this title, the Technical Panel shall approve or disapprove such plan.
(ii) Criteria for review In considering whether to approve or disapprove a plan under this subparagraph, the Technical Panel shall consider whether—
(I) the activities that the Federal entity will conduct with the payment will—
(aa) increase the probability of relocation from or sharing of Federal spectrum;
(bb) facilitate an auction intended to occur not later than 8 years after the payment; and
(cc) increase the net expected auction proceeds in an amount not less than the time value of the amount of the payment; and
(II) the transfer will leave sufficient amounts in the Fund for the other purposes of the Fund.
(h) Prioritization of payments In determining whether to make payments under subsections (f) and (g), the Director of OMB shall, to the extent practicable, prioritize payments under subsection (g).
(i) Restriction on use of Funds No amounts in the Fund on the day before February 22, 2012, may be used for any purpose except—
(1) to pay the relocation or sharing costs incurred by eligible Federal entities in order to relocate from the frequencies the auction of which generated such amounts; or
(2) to pay relocation or sharing costs related to pre-auction estimates or research, in accordance with subsection (d)(3).
(Pub. L. 102538, title I, § 118, as added Pub. L. 108494, title II, § 204, Dec. 23, 2004, 118 Stat. 3994; amended Pub. L. 1118, div. G, title I, § 1301(a), Mar. 11, 2009, 123 Stat. 829; Pub. L. 11296, title VI, § 6702, Feb. 22, 2012, 126 Stat. 252; Pub. L. 11474, title X, § 1005(a), Nov. 2, 2015, 129 Stat. 622; Pub. L. 115141, div. P, title VI, §§ 612, 613, Mar. 23, 2018, 132 Stat. 1109.)
## Notes
Editorial Notes
Amendments2018—Subsec. (d)(3)(B)(i)(II). Pub. L. 115141, § 612, substituted “8 years” for “5 years”. Subsec. (e)(1)(D), (E). Pub. L. 115141, § 613, added subpars. (D) and (E). 2015—Subsecs. (g) to (i). Pub. L. 11474 added subsecs. (g) and (h) and redesignated former subsec. (g) as (i). 2012—Pub. L. 11296, § 6702(1), substituted “relocation or sharing costs” for “relocation costs” wherever appearing. Subsec. (c). Pub. L. 11296, § 6702(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “The amounts in the Fund from auctions of eligible frequencies are authorized to be used to pay relocation or sharing costs, as defined in section 923(g)(3) of this title, of an eligible Federal entity incurring such costs with respect to relocation from those frequencies.” Subsec. (d)(2)(A). Pub. L. 11296, § 6702(3)(A)(iv), added subpar. (A). Former subpar. (A) redesignated (B). Pub. L. 11296, § 6702(3)(A)(i), inserted “or sharing” before the semicolon. Subsec. (d)(2)(B). Pub. L. 11296, § 6702(3)(A)(iii), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C). Pub. L. 11296, § 6702(3)(A)(ii), inserted “or sharing” before period at end. Subsec. (d)(2)(C). Pub. L. 11296, § 6702(3)(A)(iii), redesignated subpar. (B) as (C). Subsec. (d)(3). Pub. L. 11296, § 6702(3)(B), (C), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “Any auction proceeds in the Fund that are remaining after the payment of the relocation or sharing costs that are payable from the Fund shall revert to and be deposited in the general fund of the Treasury not later than 8 years after the date of the deposit of such proceeds to the Fund.” Subsec. (d)(4). Pub. L. 11296, § 6702(3)(C), added par. (4). Subsec. (e)(1)(B)(i). Pub. L. 11296, § 6702(4)(A)(i), substituted “subsection (d)(2)(B)” for “subsection (d)(2)(A)”. Subsec. (e)(1)(B)(ii). Pub. L. 11296, § 6702(4)(A)(ii), substituted “subsection (d)(2)(C)” for “subsection (d)(2)(B)”. Subsec. (e)(2). Pub. L. 11296, § 6702(4)(B), substituted “relocation of the entity or implementation of the sharing arrangement by the entity” for “entitys relocation” and “subsection (d)(2)(B)” for “subsection (d)(2)(A)” and inserted “or the implementation of such arrangement” after “such relocation”. Subsecs. (f), (g). Pub. L. 11296, § 6702(5), added subsecs. (f) and (g). 2009—Subsec. (e)(1)(B)(ii) to (iv). Pub. L. 1118 inserted “and” after semicolon in cl. (ii), substituted period for “; and” in cl. (iii), and struck out cl. (iv) which read as follows: “the Comptroller General shall, within 30 days after receiving such plan, review such plan and submit to such committees an assessment of the explanation for the subsequent transfer or transfers.”
Statutory Notes and Related Subsidiaries
Annual ReportPub. L. 108494, title II, § 207, Dec. 23, 2004, 118 Stat. 3996, provided that: “The National Telecommunications and Information Administration shall submit an annual report to the Committees on Appropriations and Energy and Commerce of the House of Representatives, the Committees on Appropriations and Commerce, Science, and Transportation of the Senate, and the Comptroller General on— “(1) the progress made in adhering to the timelines applicable to relocation from eligible frequencies required under [former] section 118(d)(2)(A) of the National Telecommunications and Information Administration Organization Act [now 47 U.S.C. 928(d)(2)(B)], separately stated on a communication system-by-system basis and on an auction-by-auction basis; and “(2) with respect to each relocated communication system and auction, a statement of the estimate of relocation costs required under section 113(g)(4) of such Act [47 U.S.C. 923(g)(4)], the actual relocations costs incurred, and the amount of such costs paid from the Spectrum Relocation Fund.”
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# 47 U.S.C. § 929 - National security and other sensitive information
## Text
(a) Determination If the head of an Executive agency (as defined in section 105 of title 5) determines that public disclosure of any information contained in a notification or report required by section 923 or 928 of this title would reveal classified national security information, or other information for which there is a legal basis for nondisclosure and the public disclosure of which would be detrimental to national security, homeland security, or public safety or would jeopardize a law enforcement investigation, the head of the Executive agency shall notify the Assistant Secretary of that determination prior to the release of such information.
(b) Inclusion in annex The head of the Executive agency shall place the information with respect to which a determination was made under subsection (a) in a separate annex to the notification or report required by section 923 or 928 of this title. The annex shall be provided to the subcommittee of primary jurisdiction of the congressional committee of primary jurisdiction in accordance with appropriate national security stipulations but shall not be disclosed to the public or provided to any unauthorized person through any means.
(Pub. L. 102538, title I, § 119, as added Pub. L. 11296, title VI, § 6703, Feb. 22, 2012, 126 Stat. 255.)
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# 47 U.S.C. § 941 - Child-friendly second-level Internet domain
## Text
(a) Responsibilities The NTIA shall require the registry selected to operate and maintain the United States country code Internet domain to establish, operate, and maintain a second-level domain within the United States country code domain that provides access only to material that is suitable for minors and not harmful to minors (in this section referred to as the “new domain”).
(b) Conditions of contracts (1) Initial registry The NTIA shall not exercise any option periods under any contract between the NTIA and the initial registry to operate and maintain the United States country code Internet domain unless the initial registry agrees, during the 90-day period beginning upon December 4, 2002, to carry out, and to operate the new domain in accordance with, the requirements under subsection (c). Nothing in this subsection shall be construed to prevent the initial registry of the United States country code Internet domain from participating in the NTIAs process for selecting a successor registry or to prevent the NTIA from awarding, to the initial registry, the contract to be successor registry subject to the requirements of paragraph (2).
(2) Successor registries The NTIA shall not enter into any contract for operating and maintaining the United States country code Internet domain with any successor registry unless such registry enters into an agreement with the NTIA, during the 90-day period after selection of such registry, that provides for the registry to carry out, and the new domain to operate in accordance with, the requirements under subsection (c).
(c) Requirements of new domain The registry and new domain shall be subject to the following requirements:
(1) Written content standards for the new domain, except that the NTIA shall not have any authority to establish such standards.
(2) Written agreements with each registrar for the new domain that require that use of the new domain is in accordance with the standards and requirements of the registry.
(3) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to use the new domain in accordance with the standards and requirements of the registry.
(4) Rules and procedures for enforcement and oversight that minimize the possibility that the new domain provides access to content that is not in accordance with the standards and requirements of the registry.
(5) A process for removing from the new domain any content that is not in accordance with the standards and requirements of the registry.
(6) A process to provide registrants to the new domain with an opportunity for a prompt, expeditious, and impartial dispute resolution process regarding any material of the registrant excluded from the new domain.
(7) Continuous and uninterrupted service for the new domain during any transition to a new registry selected to operate and maintain new domain or the United States country code domain.
(8) Procedures and mechanisms to promote the accuracy of contact information submitted by registrants and retained by registrars in the new domain.
(9) Operationality of the new domain not later than one year after December 4, 2002.
(10) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit two-way and multiuser interactive services in the new domain, unless the registrant certifies to the registrar that such service will be offered in compliance with the content standards established pursuant to paragraph (1) and is designed to reduce the risk of exploitation of minors using such two-way and multiuser interactive services.
(11) Written agreements with registrars, which shall require registrars to enter into written agreements with registrants, to prohibit hyperlinks in the new domain that take new domain users outside of the new domain.
(12) Any other action that the NTIA considers necessary to establish, operate, or maintain the new domain in accordance with the purposes of this section.
(d) Option periods for initial registry The NTIA shall grant the initial registry the option periods available under the contract between the NTIA and the initial registry to operate and maintain the United States country code Internet domain if, and may not grant such option periods unless, the NTIA finds that the initial registry has satisfactorily performed its obligations under this Act and under the contract. Nothing in this section shall preempt or alter the NTIAs authority to terminate such contract for the operation of the United States country code Internet domain for cause or for convenience.
(e) Treatment of registry and other entities (1) In general Only to the extent that such entities carry out functions under this section, the following entities are deemed to be interactive computer services for purposes of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)):
(A) The registry that operates and maintains the new domain.
(B) Any entity that contracts with such registry to carry out functions to ensure that content accessed through the new domain complies with the limitations applicable to the new domain.
(C) Any registrar for the registry of the new domain that is operating in compliance with its agreement with the registry.
(2) Savings provision Nothing in paragraph (1) shall be construed to affect the applicability of any other provision of title II of the Communications Act of 1934 [47 U.S.C. 201 et seq.] to the entities covered by subparagraph (A), (B), or (C) of paragraph (1).
(f) Education The NTIA shall carry out a program to publicize the availability of the new domain and to educate the parents of minors regarding the process for utilizing the new domain in combination and coordination with hardware and software technologies that provide for filtering or blocking. The program under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public.
(g) Coordination with Federal Government The registry selected to operate and maintain the new domain shall—
(1) consult with appropriate agencies of the Federal Government regarding procedures and actions to prevent minors and families who use the new domain from being targeted by adults and other children for predatory behavior, exploitation, or illegal actions; and
(2) based upon the consultations conducted pursuant to paragraph (1), establish such procedures and take such actions as the registry may deem necessary to prevent such targeting.
The consultations, procedures, and actions required under this subsection shall be commenced not later than 30 days after the date that the new domain first becomes operational and accessible by the public.
(h) Compliance report The registry shall prepare, on an annual basis, a report on the registrys monitoring and enforcement procedures for the new domain. The registry shall submit each such report, setting forth the results of the review of its monitoring and enforcement procedures for the new domain, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(i) Suspension of new domain If the NTIA finds, pursuant to its own review or upon a good faith petition by the registry, that the new domain is not serving its intended purpose, the NTIA shall instruct the registry to suspend operation of the new domain until such time as the NTIA determines that the new domain can be operated as intended.
(j) Definitions For purposes of this section, the following definitions shall apply:
(1) Harmful to minors The term “harmful to minors” means, with respect to material, that—
(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, that it is designed to appeal to, or is designed to pander to, the prurient interest;
(B) the material depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and
(C) taken as a whole, the material lacks serious, literary, artistic, political, or scientific value for minors.
(2) Minor The term “minor” means any person under 13 years of age.
(3) Registry The term “registry” means the registry selected to operate and maintain the United States country code Internet domain.
(4) Successor registry The term “successor registry” means any entity that enters into a contract with the NTIA to operate and maintain the United States country code Internet domain that covers any period after the termination or expiration of the contract to operate and maintain the United States country code Internet domain, and any option periods under such contract, that was signed on October 26, 2001.
(5) Suitable for minors The term “suitable for minors” means, with respect to material, that it—
(A) is not psychologically or intellectually inappropriate for minors; and
(B) serves—
(i) the educational, informational, intellectual, or cognitive needs of minors; or
(ii) the social, emotional, or entertainment needs of minors.
(Pub. L. 102538, title I, § 157, as added Pub. L. 107317, § 4, Dec. 4, 2002, 116 Stat. 2767.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (d), is Pub. L. 102538, Oct. 27, 1992, 106 Stat. 3533, known as the Telecommunications Authorization Act of 1992. Title I of the Act, known as the National Telecommunications and Information Administration Organization Act, is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. The Communications Act of 1934, referred to in subsec. (e)(2), is act June 19, 1934, ch. 652, 48 Stat. 1064. Title II of the Act is classified generally to subchapter II (§ 201 et seq.) of chapter 5 of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.
Statutory Notes and Related Subsidiaries
Findings and PurposesPub. L. 107317, § 2, Dec. 4, 2002, 116 Stat. 2766, provided that: “(a) Findings.—The Congress finds that—“(1) the World Wide Web presents a stimulating and entertaining opportunity for children to learn, grow, and develop educationally and intellectually; “(2) Internet technology also makes available an extensive amount of information that is harmful to children, as studies indicate that a significant portion of all material available on the Internet is related to pornography; “(3) young children, when trying to use the World Wide Web for positive purposes, are often presented—either mistakenly or intentionally—with material that is inappropriate for their age, which can be extremely frustrating for children, parents, and educators; “(4) exposure of children to material that is inappropriate for them, including pornography, can distort the education and development of the Nations youth and represents a serious harm to American families that can lead to a host of other problems for children, including inappropriate use of chat rooms, physical molestation, harassment, and legal and financial difficulties; “(5) young boys and girls, older teens, troubled youth, frequent Internet users, chat room participants, online risk takers, and those who communicate online with strangers are at greater risk for receiving unwanted sexual solicitation on the Internet; “(6) studies have shown that 19 percent of youth (ages 10 to 17) who used the Internet regularly were the targets of unwanted sexual solicitation, but less than 10 percent of the solicitations were reported to the police; “(7) children who come across illegal content should report it to the congressionally authorized CyberTipline, an online mechanism developed by the National Center for Missing and Exploited Children, for citizens to report sexual crimes against children; “(8) the CyberTipline has received more than 64,400 reports, including reports of child pornography, online enticement for sexual acts, child molestation (outside the family), and child prostitution; “(9) although the computer software and hardware industries, and other related industries, have developed innovative ways to help parents and educators restrict material that is harmful to minors through parental control protections and self-regulation, to date such efforts have not provided a national solution to the problem of minors accessing harmful material on the World Wide Web; “(10) the creation of a green-light area within the United States country code Internet domain, that will contain only content that is appropriate for children under the age of 13, is analogous to the creation of a childrens section within a library and will promote the positive experiences of children and families in the United States; and “(11) while custody, care, and nurture of the child reside first with the parent, the protection of the physical and psychological well-being of minors by shielding them from material that is harmful to them is a compelling governmental interest. “(b) Purposes.—The purposes of this Act [see Short Title of 2002 Amendment note set out under section 901 of this title] are—“(1) to facilitate the creation of a second-level domain within the United States country code Internet domain for the location of material that is suitable for minors and not harmful to minors; and “(2) to ensure that the National Telecommunications and Information Administration oversees the creation of such a second-level domain and ensures the effective and efficient establishment and operation of the new domain.”
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# 47 U.S.C. § 942 - Coordination of 911, E911, and Next Generation 911 implementation
## Text
(a) 911 Implementation Coordination Office (1) Establishment and continuation The Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration shall—
(A) establish and further a program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of 911 services; and
(B) establish a 911 Implementation Coordination Office to implement the provisions of this section.
(2) Management plan (A) Development The Assistant Secretary and the Administrator shall develop a management plan for the grant program established under this section, including by developing—
(i) plans related to the organizational structure of such program; and
(ii) funding profiles for each fiscal year of the duration of such program.
(B) Submission to Congress Not later than 90 days after February 22, 2012, the Assistant Secretary and the Administrator shall submit the management plan developed under subparagraph (A) to—
(i) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and
(ii) the Committees on Energy and Commerce and Appropriations of the House of Representatives.
(3) Purpose of Office The Office shall—
(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to improve coordination and communication with respect to the implementation of 911 services, E911 services, and Next Generation 911 services;
(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the implementation of 911 services, E911 services, and Next Generation 911 services;
(C) advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(3)(A)(iii);
(D) receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); and
(E) oversee the use of funds provided by such grants in fulfilling such implementation plans.
(b) 911, E911, and Next Generation 911 implementation grants (1) Matching grants The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for—
(A) the implementation and operation of 911 services, E911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications;
(B) the implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and
(C) training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services.
(2) Matching requirement The Federal share of the cost of a project eligible for a grant under this section shall not exceed 60 percent.
(3) Coordination required In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that—
(A) in the case of an eligible entity that is a State government, the entity—
(i) has coordinated its application with the public safety answering points located within the jurisdiction of such entity;
(ii) has designated a single officer or governmental body of the entity to serve as the coordinator of implementation of 911 services, except that such designation need not vest such coordinator with direct legal authority to implement 911 services, E911 services, or Next Generation 911 services or to manage emergency communications operations;
(iii) has established a plan for the coordination and implementation of 911 services, E911 services, and Next Generation 911 services; and
(iv) has integrated telecommunications services involved in the implementation and delivery of 911 services, E911 services, and Next Generation 911 services; or
(B) in the case of an eligible entity that is not a State, the entity has complied with clauses (i), (iii), and (iv) of subparagraph (A), and the State in which it is located has complied with clause (ii) of such subparagraph.
(4) Criteria Not later than 120 days after February 22, 2012, the Assistant Secretary and the Administrator shall issue regulations, after providing the public with notice and an opportunity to comment, prescribing the criteria for selection for grants under this section. The criteria shall include performance requirements and a timeline for completion of any project to be financed by a grant under this section. The Assistant Secretary and the Administrator shall update such regulations as necessary.
(c) Diversion of 911 charges (1) Designated 911 charges For the purposes of this subsection, the term “designated 911 charges” means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve 911 services, E911 services, or Next Generation 911 services.
(2) Certification Each applicant for a matching grant under this section shall certify to the Assistant Secretary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time during which the funds from the grant are available to the applicant, that no portion of any designated 911 charges imposed by a State or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented during the period beginning 180 days immediately preceding the date of the application and continuing through the period of time during which the funds from the grant are available to the applicant.
(3) Condition of grant Each applicant for a grant under this section shall agree, as a condition of receipt of the grant, that if the State or other taxing jurisdiction within which the applicant is located, during any period of time during which the funds from the grant are available to the applicant, obligates or expends designated 911 charges for any purpose other than the purposes for which such charges are designated or presented, eliminates such charges, or redesignates such charges for purposes other than the implementation or operation of 911 services, E911 services, or Next Generation 911 services, all of the funds from such grant shall be returned to the Office.
(4) Penalty for providing false information Any applicant that provides a certification under paragraph (2) knowing that the information provided in the certification was false shall—
(A) not be eligible to receive the grant under subsection (b);
(B) return any grant awarded under subsection (b) during the time that the certification was not valid; and
(C) not be eligible to receive any subsequent grants under subsection (b).
(d) Funding and termination (1) In general From the amounts made available to the Assistant Secretary and the Administrator under section 1457(b)(6) of this title, the Assistant Secretary and the Administrator are authorized to provide grants under this section through the end of fiscal year 2022. Not more than 5 percent of such amounts may be obligated or expended to cover the administrative costs of carrying out this section.
(2) Termination Effective on October 1, 2022, the authority provided by this section terminates and this section shall have no effect.
(e) Definitions In this section, the following definitions shall apply:
(1) 911 services The term “911 services” includes both E911 services and Next Generation 911 services.
(2) E911 services The term “E911 services” means both phase I and phase II enhanced 911 services, as described in section 20.18 of the Commissions regulations (47 C.F.R. 20.18), as in effect on February 22, 2012, or as subsequently revised by the Commission.
(3) Eligible entity (A) In general The term “eligible entity” means a State or local government or a tribal organization (as defined in section 5304(l) of title 25).
(B) Instrumentalities The term “eligible entity” includes public authorities, boards, commissions, and similar bodies created by one or more eligible entities described in subparagraph (A) to provide 911 services, E911 services, or Next Generation 911 services.
(C) Exception The term “eligible entity” does not include any entity that has failed to submit the most recently required certification under subsection (c) within 30 days after the date on which such certification is due.
(4) Emergency call The term “emergency call” refers to any real-time communication with a public safety answering point or other emergency management or response agency, including—
(A) through voice, text, or video and related data; and
(B) nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications.
(5) Next Generation 911 services The term “Next Generation 911 services” means an IP-based system comprised of hardware, software, data, and operational policies and procedures that—
(A) provides standardized interfaces from emergency call and message services to support emergency communications;
(B) processes all types of emergency calls, including voice, data, and multimedia information;
(C) acquires and integrates additional emergency call data useful to call routing and handling;
(D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities;
(E) supports data or video communications needs for coordinated incident response and management; and
(F) provides broadband service to public safety answering points or other first responder entities.
(6) Office The term “Office” means the 911 Implementation Coordination Office.
(7) Public safety answering point The term “public safety answering point” has the meaning given the term in section 222 of this title.
(8) State The term “State” means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States.
(Pub. L. 102538, title I, § 158, as added Pub. L. 108494, title I, § 104, Dec. 23, 2004, 118 Stat. 3987; amended Pub. L. 11053, title XXIII, § 2303, Aug. 3, 2007, 121 Stat. 543; Pub. L. 110283, title I, § 102, July 23, 2008, 122 Stat. 2623; Pub. L. 11296, title VI, § 6503, Feb. 22, 2012, 126 Stat. 237; Pub. L. 11758, div. B, title IV, § 24215, Nov. 15, 2021, 135 Stat. 829.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a)(4). Pub. L. 11758 struck out par. (4). Text read as follows: “The Assistant Secretary and the Administrator shall provide an annual report to Congress by the first day of October of each year on the activities of the Office to improve coordination and communication with respect to the implementation of 911 services, E911 services, and Next Generation 911 services.” 2012—Pub. L. 11296 amended section generally. Prior to amendment, section established a joint program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E911 services and created an E911 Implementation Coordination Office. 2008—Subsec. (b)(1). Pub. L. 110283, § 102(1), inserted “and for migration to an IP-enabled emergency network” before period at end. Subsecs. (d) to (f). Pub. L. 110283, § 102(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2007—Subsec. (b)(4). Pub. L. 11053 inserted at end “Within 180 days after August 3, 2007, the Assistant Secretary and the Administrator shall jointly issue regulations updating the criteria to allow a portion of the funds to be used to give priority to grants that are requested by public safety answering points that were not capable of receiving 911 calls as of August 3, 2007, for the incremental cost of upgrading from Phase I to Phase II compliance. Such grants shall be subject to all other requirements of this section.”
Statutory Notes and Related Subsidiaries
Next Generation 911Pub. L. 11758, div. B, title IV, § 24113(a), Nov. 15, 2021, 135 Stat. 818, provided that: “(1) In general.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall implement the recommendations of the Comptroller General of the United States contained in the report entitled Next Generation 911: National 911 Program Could Strengthen Efforts to Assist States, numbered GAO18252, and dated January 1, 2018, by requiring that the Administrator of the National Highway Traffic Safety Administration, in collaboration with the appropriate Federal agencies, shall determine the roles and responsibilities of the Federal agencies participating in the initiative entitled National NG911 Roadmap initiative to carry out the national-level tasks with respect which each agency has jurisdiction. “(2) Implementation plan.—The Administrator of the National Highway Traffic Safety Administration shall develop an implementation plan to support the completion of national-level tasks under the National NG911 Roadmap initiative.”
FindingsPub. L. 108494, title I, § 102, Dec. 23, 2004, 118 Stat. 3986, provided that: “The Congress finds that— “(1) for the sake of our Nations homeland security and public safety, a universal emergency telephone number (911) that is enhanced with the most modern and state-of-the-art telecommunications capabilities possible should be available to all citizens in all regions of the Nation; “(2) enhanced emergency communications require Federal, State, and local government resources and coordination; “(3) any funds that are collected from fees imposed on consumer bills for the purposes of funding 911 services or enhanced 911 should go only for the purposes for which the funds are collected; and “(4) enhanced 911 is a high national priority and it requires Federal leadership, working in cooperation with State and local governments and with the numerous organizations dedicated to delivering emergency communications services.”
PurposesPub. L. 108494, title I, § 103, Dec. 23, 2004, 118 Stat. 3986, provided that: “The purposes of this title [see section 101 of title I of Pub. L. 108494, set out as a Short Title of 2004 Amendment note under section 901 of this title] are— “(1) to coordinate 911 services and E911 services, at the Federal, State, and local levels; and “(2) to ensure that funds collected on telecommunications bills for enhancing emergency 911 services are used only for the purposes for which the funds are being collected.”