U.S. Code » Title 47 » Chapter CHAPTER 13— PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS

47 U.S.C. § 1403

Enforcement

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(a) In general

The Commission shall implement and enforce this chapter as if this chapter is a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). A violation of this chapter, or a regulation promulgated under this chapter, shall be considered to be a violation of the Communications Act of 1934, or a regulation promulgated under such Act, respectively.

(b) Exceptions(1) Other agencies

Subsection (a) does not apply in the case of a provision of this chapter that is expressly required to be carried out by an agency (as defined in section 551 of title 5) other than the Commission.

(2) NTIA regulations

The Assistant Secretary may promulgate such regulations as are necessary to implement and enforce any provision of this chapter that is expressly required to be carried out by the Assistant Secretary.

(Pub. L. 112–96, title VI, § 6003, Feb. 22, 2012, 126 Stat. 204.)Editorial NotesReferences in Text

The Communications Act of 1934, referred to in subsec. (a), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2015–2024 · leading case: Montgomery Cnty. v. Fed. Commc'ns Comm'n, 811 F.3d 121 (4th Cir. 2015).
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Montgomery Cnty. v. Fed. Commc'ns Comm'n, 811 F.3d 121 (4th Cir. 2015). · cites it 2× “Congress charged the FCC with implementing the Spectrum Act, 47 U.S.C. § 1403 (a), and the FCC initiated that process by issuing a public notice of proposed rulemaking.”
Extenet Sys., Inc. v. Vill. of Pelham, 377 F. Supp. 3d 217 (S.D. Ill. 2019). “Pursuant to Congress's direction that it implement the Spectrum Act, see 47 U.S.C. § 1403 , the FCC issued an Order on October 17, 2014, In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies , 29 FCC Rcd.”
League of California Cities v. FCC, 118 F.4th 995 (9th Cir. 2024). “Under section 6003 of the Spectrum Act, the Federal Communications Commission (“FCC”) “shall implement and enforce” the Act as if it “is a part of the Communications Act of 1934,” 47 U.S.C. § 1403 , 1 Pub. L. No. 112-96, § 6409 (a), 126 Stat.”
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