Allocation and assignment of new public safety services licenses and commercial licenses

Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows: The Commission shall commence assignment of licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998. Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this chapter or its regulations implementing this chapter (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that— Paragraph (1) shall apply to any application to provide public safety services that is pending or filed on or after August 5, 1997. In establishing service rules with respect to licenses granted pursuant to this section, the Commission— may permit public safety services licensees and commercial licensees— Any full-power television station licensee that holds a television broadcast license to operate between 698 and 806 megahertz may not operate at that frequency after June 12, 2009. After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission’s plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 698 megahertz to permit the continued operation of such station. For purposes of this section: The term “public safety services” means services— that are provided— A station is a qualifying low-power television station if, during the 90 days preceding August 5, 1997—