(June 19, 1934, ch. 652, title III, § 332, formerly § 331, as added Pub. L. 97–259, title I, § 120(a),Sept. 13, 1982, 96 Stat. 1096; renumbered § 332,Pub. L. 102–385, § 25(b),Oct. 5, 1992, 106 Stat. 1502; amended Pub. L. 103–66, title VI, § 6002(b)(2)(A),Aug. 10, 1993, 107 Stat. 392; Pub. L. 104–104, § 3(d)(2), title VII, §§ 704(a),
705,Feb. 8, 1996, 110 Stat. 61, 151, 153.)
References in Text
Provisions of part
, referred to in subsec. (b)(2), are classified to section
2101 et seq. of Title 5, Government Organization and Employees.
The Federal Advisory Committee Act, referred to in subsec. (b)(4), is Pub. L. 92–463
, Oct. 6, 1972, 86 Stat. 770
, as amended, which is set out in the Appendix to Title 5.
This chapter, referred to in subsec. (c), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064
, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section
of this title and Tables.
The Communications Satellite Act of 1962, referred to in subsec. (c)(4), is Pub. L. 87–624
, Aug. 31, 1962, 76 Stat. 419
, as amended. Titles III and IV of the Act are classified generally to subchapters III (§ 731 et seq.) and IV (§ 741 et seq.), respectively, of chapter
of this title. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
The Omnibus Budget Reconciliation Act of 1993, referred to in subsec. (c)(6), is Pub. L. 103–66
, Aug. 10, 1993, 107 Stat. 312
, as amended. For complete classification of this Act to the Code, see Tables.
In subsec. (b)(2), “section
” substituted for “section 3679(b) of the Revised Statutes (31
U.S.C. 665(b))” on authority of Pub. L. 97–258
, § 4(b),Sept. 13, 1982, 96 Stat. 1067
, the first section of which enacted Title 31, Money and Finance.
1996—Subsec. (c)(7). Pub. L. 104–104
, § 704(a), added par. (7).
Subsec. (c)(8). Pub. L. 104–104
, § 705, added par. (8).
Subsec. (d)(1), (3). Pub. L. 104–104
, § 3(d)(2), substituted “section
” for “section
1993—Pub. L. 103–66
struck out “Private land” before “mobile services” in section catchline, struck out “land” before “mobile services” wherever appearing in subsecs. (a) and (b), added subsecs. (c) and (d), and struck out former subsec. (c) which related to service provided by specialized mobile radio, multiple licensed radio dispatch systems, and other radio dispatch systems; common carriers; and rate or entry regulations.
Effective Date of 1993 Amendment
Section 6002(c) ofPub. L. 103–66
“(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section and sections
of this title] are effective on the date of enactment of this Act [Aug. 10, 1993].
“(2) Effective dates of mobile service amendments.—The amendments made by subsection (b)(2) [amending this section and sections
of this title] shall be effective on the date of enactment of this Act [Aug. 10, 1993], except that—
“(A) section 332(c)(3)(A) of the Communications Act of 1934 [subsec. (c)(3)(A) of this section], as amended by such subsection, shall take effect 1 year after such date of enactment; and
“(B) any private land mobile service provided by any person before such date of enactment, and any paging service utilizing frequencies allocated as of January 1, 1993, for private land mobile services, shall, except for purposes of section 332(c)(6) of such Act [subsec. (c)(6) of this section], be treated as a private mobile service until 3 years after such date of enactment.”
Availability of Property
Section 704(c) ofPub. L. 104–104
provided that: “Within 180 days of the enactment of this Act [Feb. 8, 1996], the President or his designee shall prescribe procedures by which Federal departments and agencies may make available on a fair, reasonable, and nondiscriminatory basis, property, rights-of-way, and easements under their control for the placement of new telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services. These procedures may establish a presumption that requests for the use of property, rights-of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency’s mission, or the current or planned use of the property, rights-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights-of-way, and easements. The Commission shall provide technical support to States to encourage them to make property, rights-of-way, and easements under their jurisdiction available for such purposes.”
Transitional Rulemaking for Mobile Service Providers
Section 6002(d)(3) ofPub. L. 103–66
provided that: “Within 1 year after the date of enactment of this Act [Aug. 10, 1993], the Federal Communications Commission—
“(A) shall issue such modifications or terminations of the regulations applicable (before the date of enactment of this Act) to private land mobile services as are necessary to implement the amendments made by subsection (b)(2) [amending this section and sections
of this title];
“(B) in the regulations that will, after such date of enactment, apply to a service that was a private land mobile service and that becomes a commercial mobile service (as a consequence of such amendments), shall make such other modifications or terminations as may be necessary and practical to assure that licensees in such service are subjected to technical requirements that are comparable to the technical requirements that apply to licensees that are providers of substantially similar common carrier services;
“(C) shall issue such other regulations as are necessary to implement the amendments made by subsection (b)(2); and
“(D) shall include, in such regulations, modifications, and terminations, such provisions as are necessary to provide for an orderly transition.”