Sec.  2.103   Federal use of non-Federal frequencies.

   (a) Federal stations may be authorized to use non-Federal frequencies in the
   bands above 25 MHz (except the 763–775 MHz and 793–805 MHz public safety
   bands) if the Commission finds that such use is necessary for coordination
   of Federal and non-Federal activities: Provided, however, that:

   (1) Federal operation on non-Federal frequencies shall conform with the
   conditions agreed upon by the Commission and NTIA (the more important of
   which  are  contained  in paragraphs (a)(2), (a)(3) and (a)(4) of this
   section);

   (2) Such operations shall be in accordance with Commission rules governing
   the service to which the frequencies involved are allocated;

   (3) Such operations shall not cause harmful interference to non-Federal
   stations and, should harmful interference result, that the interfering
   Federal operation shall immediately terminate; and

   (4) Federal operation has been certified as necessary by the non-Federal
   licensees involved and this certification has been furnished, in writing, to
   the Federal agency with which communication is required.

   (b) Federal stations may be authorized to use channels in the 769–775 MHz,
   799–805 MHz and 4940–4990 MHz public safety bands with non-Federal entities
   if the Commission finds such use necessary; where:

   (1)   The  stations  are  used  for  interoperability  or  part  of  a
   Federal/non-Federal shared or joint-use system;

   (2) The Federal entity obtains the approval of the non-Federal (State/local
   government) licensee(s) or applicant(s) involved;

   (3) Federal operation is in accordance with the Commission's Rules governing
   operation of this band and conforms with any conditions agreed upon by the
   Commission and NTIA; and

   (4) Interoperability, shared or joint-use systems are the subject of a
   mutual agreement between the Federal and non-Federal entities. This section
   does not preclude other arrangements or agreements as permitted under part
   90 of the rules. See 47 CFR 90.179 and 90.421 of this chapter.

   (c) Federal stations may be authorized to use channels in the 763–768 MHz
   and 793–798 MHz public safety bands with non-Federal entities where:

   (1) The Federal entity obtains the prior approval of the Public Safety
   Broadband Licensee (and such approval granted by the Public Safety Broadband
   Licensee is consistent with the terms and conditions of the Network Sharing
   Agreement under 90.1406 of this chapter); and

   (2) Federal operation is in accordance with the Commission's rules governing
   operation of this band and conforms to any conditions agreed upon by the
   Commission and NTIA.

   [ 63 FR 58650 , Nov. 2, 1998, as amended at  68 FR 38638 , June 30, 2003;  70 FR 46586 , Aug. 10, 2005;  72 FR 48843 , Aug. 24, 2007]