{"identifier":"/us/usc/t47/s1453","title":47,"num":"\u00a7\u202f1453.","heading":"Unlicensed use in the 5 GHZ band","text":"\u00a7\u202f1453.\nUnlicensed use in the 5 GHZ band\n(a)\nModification of Commission regulations to allow certain unlicensed use\n(1)\nIn general\nSubject to paragraph (2), not later than 1 year after\nFebruary 22, 2012\n(2)\nRequired determinations\nThe Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that\u2014\n(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\n(B) the primary mission of Federal spectrum users in the 5350\u20135470 MHz band will not be compromised by the introduction of unlicensed devices.\n(b)\nStudy by NTIA\n(1)\nIn general\nThe 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\u2013NII devices were allowed to operate in the 5350\u20135470 MHz band and in the 5850\u20135925 MHz band.\n(2)\nSubmission\nThe 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\u2014\n(A) not later than 8 months after\nFebruary 22, 2012\n(B) not later than 18 months after\nFebruary 22, 2012\n(c)\nDefinitions\nIn this section:\n(1)\n5350\u20135470 MHz band\nThe term \u201c5350\u20135470 MHz band\u201d means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.\n(2)\n5850\u20135925 MHz band\nThe term \u201c5850\u20135925 MHz band\u201d means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.","url":"https://projectusc.org/usc/t47/s1453.html","content":[{"t":"sec","id":"/us/usc/t47/s1453","children":[{"t":"num","text":"\u00a7\u202f1453."},{"t":"heading","text":"Unlicensed use in the 5 GHZ band"},{"t":"subsec","id":"/us/usc/t47/s1453/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Modification of Commission regulations to allow certain unlicensed use"},{"t":"para","id":"/us/usc/t47/s1453/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to paragraph (2), not later than 1 year after ","children":[{"t":"text","text":"February 22, 2012","tail":", the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U\u2013NII devices to operate in the 5350\u20135470 MHz band."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s1453/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Required determinations"},{"t":"chapeau","text":"The Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that\u2014"},{"t":"subpara","id":"/us/usc/t47/s1453/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t47/s1453/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the primary mission of Federal spectrum users in the 5350\u20135470 MHz band will not be compromised by the introduction of unlicensed devices.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s1453/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Study by NTIA"},{"t":"para","id":"/us/usc/t47/s1453/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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\u2013NII devices were allowed to operate in the 5350\u20135470 MHz band and in the 5850\u20135925 MHz band.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s1453/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Submission"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t47/s1453/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" not later than 8 months after ","children":[{"t":"text","text":"February 22, 2012","tail":", a report on the portion of the study required by paragraph (1) with respect to the 5350\u20135470 MHz band; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t47/s1453/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" not later than 18 months after ","children":[{"t":"text","text":"February 22, 2012","tail":", a report on the portion of the study required by paragraph (1) with respect to the 5850\u20135925 MHz band."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t47/s1453/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t47/s1453/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"5350\u20135470 MHz band"},{"t":"content","children":[{"t":"p","text":"The term \u201c5350\u20135470 MHz band\u201d means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t47/s1453/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"5850\u20135925 MHz band"},{"t":"content","children":[{"t":"p","text":"The term \u201c5850\u20135925 MHz band\u201d means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}