### §1401. Definitions

In this chapter:

#### (1) 700 MHz band

The term "700 MHz band" means the portion of the electromagnetic spectrum between the frequencies from 698 megahertz to 806 megahertz.

#### (2) 700 MHz D block spectrum

The term "700 MHz D block spectrum" means the portion of the electromagnetic spectrum between the frequencies from 758 megahertz to 763 megahertz and between the frequencies from 788 megahertz to 793 megahertz.

#### (3) Appropriate committees of Congress

Except as otherwise specifically provided, the term "appropriate committees of Congress" means—

(A) the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Energy and Commerce of the House of Representatives.

#### (4) Assistant Secretary

The term "Assistant Secretary" means the Assistant Secretary of Commerce for Communications and Information.

#### (5) Board

The term "Board" means the Board of the First Responder Network Authority established under section 1424(b) of this title.

#### (6) Broadcast television licensee

The term "broadcast television licensee" means the licensee of—

(A) a full-power television station; or

(B) a low-power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations.

#### (7) Broadcast television spectrum

The term "broadcast television spectrum" means the portions of the electromagnetic spectrum between the frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, from 174 megahertz to 216 megahertz, and from 470 megahertz to 698 megahertz.

#### (8) Commercial mobile data service

The term "commercial mobile data service" means any mobile service (as defined in section 153 of this title) that is—

(A) a data service;

(B) provided for profit; and

(C) available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission.

#### (9) Commercial mobile service

The term "commercial mobile service" has the meaning given such term in section 332 of this title.

#### (10) Commercial standards

The term "commercial standards" means the technical standards followed by the commercial mobile service and commercial mobile data service industries for network, device, and Internet Protocol connectivity. Such term includes standards developed by the Third Generation Partnership Project (3GPP), the Institute of Electrical and Electronics Engineers (IEEE), the Alliance for Telecommunications Industry Solutions (ATIS), the Internet Engineering Task Force (IETF), and the International Telecommunication Union (ITU).

#### (11) Commission

The term "Commission" means the Federal Communications Commission.

#### (12) Core network

The term "core network" means the core network described in section 1422(b)(1) of this title.

#### (13) Emergency call

The term "emergency call" means any real-time communication with a public safety answering point or other emergency management or response agency, including—

(A) through voice, text, or video and related data; and

(B) nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications.

#### (14) Existing public safety broadband spectrum

The term "existing public safety broadband spectrum" means the portion of the electromagnetic spectrum between the frequencies—

(A) from 763 megahertz to 768 megahertz;

(B) from 793 megahertz to 798 megahertz;

(C) from 768 megahertz to 769 megahertz; and

(D) from 798 megahertz to 799 megahertz.

#### (15) First Responder Network Authority

The term "First Responder Network Authority" means the First Responder Network Authority established under section 1424 of this title.

#### (16) Forward auction

The term "forward auction" means the portion of an incentive auction of broadcast television spectrum under section 1452(c) of this title.

#### (17) Incentive auction

The term "incentive auction" means a system of competitive bidding under subparagraph (G) of section 309(j)(8) of this title, as added by section 6402.

#### (18) Interoperability Board

The term "Interoperability Board" means the Technical Advisory Board for First Responder Interoperability established under section 1423 of this title.

#### (19) Multichannel video programming distributor

The term "multichannel video programming distributor" has the meaning given such term in section 522 of this title.

#### (20) Narrowband spectrum

The term "narrowband spectrum" means the portion of the electromagnetic spectrum between the frequencies from 769 megahertz to 775 megahertz and between the frequencies from 799 megahertz to 805 megahertz.

#### (21) Nationwide public safety broadband network

The term "nationwide public safety broadband network" means the nationwide, interoperable public safety broadband network described in section 1422 of this title.

#### (22) Next Generation 9–1–1 services

The term "Next Generation 9–1–1 services" means an IP-based system comprised of hardware, software, data, and operational policies and procedures that—

(A) provides standardized interfaces from emergency call and message services to support emergency communications;

(B) processes all types of emergency calls, including voice, text, data, and multimedia information;

(C) acquires and integrates additional emergency call data useful to call routing and handling;

(D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities;

(E) supports data or video communications needs for coordinated incident response and management; and

(F) provides broadband service to public safety answering points or other first responder entities.

#### (23) NIST

The term "NIST" means the National Institute of Standards and Technology.

#### (24) NTIA

The term "NTIA" means the National Telecommunications and Information Administration.

#### (25) Public safety answering point

The term "public safety answering point" has the meaning given such term in section 222 of this title.

#### (26) Public safety entity

The term "public safety entity" means an entity that provides public safety services.

#### (27) Public safety services

The term "public safety services"—

(A) has the meaning given the term in section 337(f) of this title; and

(B) includes services provided by emergency response providers, as that term is defined in section 101 of title 6.

#### (28) Public Safety Trust Fund

The term "Public Safety Trust Fund" means the trust fund established under section 1457(a)(1) of this title.

#### (29) Radio access network

The term "radio access network" means the radio access network described in section 1422(b)(2) of this title.

#### (30) Reverse auction

The term "reverse auction" means the portion of an incentive auction of broadcast television spectrum under section 1452(a) of this title, in which a broadcast television licensee may submit bids stating the amount it would accept for voluntarily relinquishing some or all of its broadcast television spectrum usage rights.

#### (31) State

The term "State" has the meaning given such term in section 153 of this title.

#### (32) Ultra high frequency

The term "ultra high frequency" means, with respect to a television channel, that the channel is located in the portion of the electromagnetic spectrum between the frequencies from 470 megahertz to 698 megahertz.

#### (33) Very high frequency

The term "very high frequency" means, with respect to a television channel, that the channel is located in the portion of the electromagnetic spectrum between the frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, or from 174 megahertz to 216 megahertz.

(Pub. L. 112–96, title VI, §6001, Feb. 22, 2012, 126 Stat. 201.)

#### **Editorial Notes**

#### References in Text

Section 6402, referred to in par. (17), is section 6402 of Pub. L. 112–96, which amended section 309 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 112–96, title VI, §6501, Feb. 22, 2012, 126 Stat. 237, provided that: "This subtitle [subtitle E (§§6501–6509) of title VI of Pub. L. 112–96, enacting sections 1471 to 1473 of this title and amending section 942 of this title] may be cited as the 'Next Generation 9–1–1 Advancement Act of 2012'."