47 U.S.C. § 1453 — Unlicensed use in the 5 GHZ band

FEDERAL · 47 U.S.C. · Chapter SUBCHAPTER IV—SPECTRUM AUCTION AUTHORITY

Unlicensed use in the 5 GHZ band

47 U.S.C. § 1453

ChapterSUBCHAPTER IV—SPECTRUM AUCTION AUTHORITY

This text of 47 U.S.C. § 1453 (Unlicensed use in the 5 GHZ band) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

47 U.S.C. § 1453.

Text

(a)Modification of Commission regulations to allow certain unlicensed use Subject to paragraph (2), not later than 1 year after February 22, 2012, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band. The Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that—

(A)licensed users will be protected by technical solutions, including use of existing, modified, or new spectrum-sharing technologies and solutions, such as dynamic frequency selection; and

(B)the primary mission of Federal spectrum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed

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(a) Modification of Commission regulations to allow certain unlicensed use
Subject to paragraph (2), not later than 1 year after February 22, 2012, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band.
The Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that—
(A) licensed users will be protected by technical solutions, including use of existing, modified, or new spectrum-sharing technologies and solutions, such as dynamic frequency selection; and
(B) the primary mission of Federal spectrum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed devices.
(b) Study by NTIA
The Assistant Secretary, in consultation with the Department of Defense and other impacted agencies, shall conduct a study evaluating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U–NII devices were allowed to operate in the 5350–5470 MHz band and in the 5850–5925 MHz band.
The Assistant Secretary shall submit to the Commission and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(A) not later than 8 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5350–5470 MHz band; and
(B) not later than 18 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5850–5925 MHz band.
(c) Definitions
In this section:
The term "5350–5470 MHz band" means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.
The term "5850–5925 MHz band" means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.

Source Credit

History

(Pub. L. 112–96, title VI, §6406, Feb. 22, 2012, 126 Stat. 231.)

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Bluebook (online)

47 U.S.C. § 1453, Counsel Stack Legal Research, https://law.counselstack.com/usc/47/1453.