FLEXIBLE USE OF ELECTROMAGNETIC SPECTRUM.

SEC. 3005. FLEXIBLE USE OF ELECTROMAGNETIC SPECTRUM. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: “(y) Have authority to allocate electromagnetic spectrum so as to provide flexibility of use, if— “(1) such use is consistent with international agreements to which the United States is a party; and111 STAT. 269 “(2) the Commission finds, after notice and an opportunity for public comment, that— “(A) such an allocation would be in the public interest; “(B) such use would not deter investment in communications services and systems, or technology development; and “(C) such use would not result in harmful interference among users.”.