Page:United States Statutes at Large Volume 111 Part 1.djvu/292

 Ill STAT. 268 PUBLIC LAW 105-33—AUG. 5, 1997 digital television service during a transition to digital television service; "(3) may permit public safety services licensees and commercial licensees— "(A) to aggregate multiple licenses to create larger spectrum blocks and service areas; and "(B) to disaggregate or partition licenses to create smaller spectrum blocks or service areas; and "(4) shall establish rules insuring that public safety services licensees using spectrum reallocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees. " (e) REMOVAL AND RELOCATION OF INCUMBENT BROADCAST LICENSEES.— "(1) CHANNELS 60 TO 69.— Any person who holds a television broadcast license to operate between 746 and 806 megahertz may not operate at that frequency after the date on which the digital television service transition period terminates, as determined by the Commission. " (2) INCUMBENT QUALIFYING LOW-POWER STATIONS. — After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission's plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 746 megahertz to permit the continued operation of such station. "(f) DEFINITIONS.—For purposes of this section: "(1) PUBLIC SAFETY SERVICES.— The term 'public safety services' means services— "(A) the sole or principal purpose of which is to protect the safety of life, health, or property; "(B) that are provided— "(i) by State or local government entities; or "(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and "(C) that are not made commercially available to the public by the provider. "(2) QUALIFYING LOW-POWER TELEVISION STATIONS.—^A station is a qualifying low-power television station if, during the 90 days preceding the date of enactment of the Balanced Budget Act of 1997— "(A) such station broadcast a minimum of 18 hours per day; "(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and "(C) such station was in compliance with the requirements applicable to low-power television stations.". SEC. 3005. FLEXIBLE USE OF ELECTROMAGNETIC SPECTRUM. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: "(y) Have authority to allocate electromagnetic spectrum so as to provide flexibility of use, if— "(1) such use is consistent with international agreements to which the United States is a party; and

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