---
kind: "section"
citation: "47 U.S.C. § 1508"
title: "47"
title_heading: "Telecommunications"
number: "1508"
heading: "National plan for unlicensed spectrum"
release: "119-102"
url: "https://uscodex.org/usc/47/1508"
units:
  - "Chapter 14 — Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless"
---

# §1508. National plan for unlicensed spectrum

- (a) **Definitions—** In this section:
  - (1) **Spectrum Relocation Fund—** The term “Spectrum Relocation Fund” means the Fund established under [section 928 of this title](/usc/47/928.md).
  - (2) **Unlicensed or licensed by rule operations—** The term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under—
    - (A) [part 15 of title 47, Code of Federal Regulations](/cfr/47/part15.md); or
    - (B) licensing by rule under [part 96 of title 47, Code of Federal Regulations](/cfr/47/part96.md).
- (b) **National plan—** Not later than 18 months after March 23, 2018, the [Commission](/usc/47/1501.md?p=2), in consultation with the [NTIA](/usc/47/1501.md?p=4), shall develop a national plan for making additional radio frequency bands available for [unlicensed or licensed by rule operations](#a-2).
- (c) **Requirements—** The plan developed under this section shall—
  - (1) identify an approach that ensures that consumers have access to additional spectrum to conduct [unlicensed or licensed by rule operations](#a-2) in a range of radio frequencies to meet consumer demand;
  - (2) recommend specific actions by the [Commission](/usc/47/1501.md?p=2) and the [NTIA](/usc/47/1501.md?p=4) to permit [unlicensed or licensed by rule operations](#a-2) in additional radio frequency ranges that the [Commission](/usc/47/1501.md?p=2) finds—
    - (A) are consistent with the statement of policy under [section 1507(a) of this title](/usc/47/1507.md?p=a);
    - (B) will—
      - (i) expand opportunities for [unlicensed or licensed by rule operations](#a-2) in a spectrum band; or
      - (ii) otherwise improve spectrum utilization and intensity of use of bands where [unlicensed or licensed by rule operations](#a-2) are already permitted;
    - (C) will not cause harmful interference to Federal or non-Federal users of such bands; and
    - (D) will not significantly impact homeland security or national security communications systems; and
  - (3) examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for [unlicensed or licensed by rule operations](#a-2)—
    - (A) to improve accuracy and efficacy;
    - (B) to reduce burdens on consumers, manufacturers, and service providers; and
    - (C) to protect sensitive Government information.
- (d) **Spectrum Relocation Fund—** To be included as an appendix as part of the plan developed under this section, the [NTIA](/usc/47/1501.md?p=4), in consultation with the Director of the [Office](/usc/47/1471.md?p=3) of Management and Budget, shall share with the [Commission](/usc/47/1501.md?p=2) recommendations about how to reform the [Spectrum Relocation Fund](#a-1)—
  - (1) to address costs incurred by [Federal entities](/usc/47/1501.md?p=3) related to sharing radio frequency bands with radio technologies conducting [unlicensed or licensed by rule operations](#a-2); and
  - (2) to ensure the [Spectrum Relocation Fund](#a-1) has sufficient funds to cover—
    - (A) the costs described in [paragraph (1)](#d-1); and
    - (B) other expenditures allowed of the [Spectrum Relocation Fund](#a-1) under [section 928 of this title](/usc/47/928.md).
- (e) **Report required—**
  - (1) **In general—** Not later than 18 months after March 23, 2018, the [Commission](/usc/47/1501.md?p=2) shall submit to the [appropriate committees of Congress](/usc/47/1501.md?p=1) a report that describes the plan developed under this section, including any recommendations for legislative change.
  - (2) **Publication on commission website—** Not later than the date on which the [Commission](/usc/47/1501.md?p=2) submits the report under [paragraph (1)](#e-1), the [Commission](/usc/47/1501.md?p=2) shall make the report publicly available on the website of the [Commission](/usc/47/1501.md?p=2).
- (f) **Rule of construction—** Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under [part 96 of title 47, Code of Federal Regulations](/cfr/47/part96.md), to protection from harmful interference.

## Source credit

(Pub. L. 115–141, div. P, title VI, § 618, Mar. 23, 2018, 132 Stat. 1112.)