Page:United States Statutes at Large Volume 111 Part 1.djvu/285

 ' #>4*^ai- PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 261 (c) COMMISSION OBLIGATION TO MAKE ADDITIONAL SPECTRUM 47 USC 925 note. AVAILABLE BY AUCTION. — (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. 3090')), of hcenses 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— (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 (as added by this Act); or (v) been allocated or authorized for unlicensed use pursuant to part 15 of the Commission's 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 2,110-2,150 megahertz; and (E) include 15 megahertz from within the bands of frequencies at 1,990-2,110 megahertz. (2) CRITERIA FOR REASSIGNMENT.—In making available bands of fi"equencies 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 mesms 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 2,110-2,150 MEGAHERTZ.—The Commission shall reallocate spectrum located at 2,110-2,150 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 XB) 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,

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