§  97.303   Frequency sharing requirements.

   The following is a summary of the frequency sharing requirements that
   apply to amateur station transmissions on the frequency bands specified
   in § 97.301 of this part. (For each ITU Region, each frequency band
   allocated to the amateur service is designated as either a secondary
   service or a primary service. A station in a secondary service must not
   cause harmful interference to, and must accept interference from,
   stations in a primary service. See § § 2.105 and 2.106 of the FCC Rules,
   United States Table of Frequency Allocations for complete
   requirements.)

   (a) Where, in adjacent ITU Regions or sub-Regions, a band of
   frequencies is allocated to different services of the same category (
   i.e. , primary or secondary allocations), the basic principle is the
   equality of right to operate. Accordingly, stations of each service in
   one Region or sub-Region must operate so as not to cause harmful
   interference to any service of the same or higher category in the other
   Regions or sub-Regions. ( See ITU Radio Regulations , edition of 2004,
   No. 4.8.)

   (b) No amateur station transmitting in the 1900–2000 kHz segment, the
   70 cm band, the 33 cm band, the 23 cm band, the 13 cm band, the 9 cm
   band, the 5 cm band, the 3 cm band, the 24.05–24.25 GHz segment, the
   76–77.5 GHz segment, the 78–81 GHz segment, the 136–141 GHz segment,
   and the 241–248 GHz segment shall cause harmful interference to, nor is
   protected from interference due to the operation of, the Federal
   radiolocation service.

   (c) No amateur station transmitting in the 1900–2000 kHz segment, the 3
   cm band, the 76–77.5 GHz segment, the 78–81 GHz segment, the 136–141
   GHz segment, and the 241–248 GHz segment shall cause harmful
   interference to, nor is protected from interference due to the
   operation of, stations in the non-Federal radiolocation service.

   (d) No amateur station transmitting in the 30 meter band shall cause
   harmful interference to stations authorized by other nations in the
   fixed service. The licensee of the amateur station must make all
   necessary adjustments, including termination of transmissions, if
   harmful interference is caused.

   (e) In the 1.25 m band:

   (1) Use of the 219–220 MHz segment is limited to amateur stations
   participating, as forwarding stations, in point-to-point fixed digital
   message forwarding systems, including intercity packet backbone
   networks. It is not available for other purposes.

   (2) No amateur station transmitting in the 219–220 MHz segment shall
   cause harmful interference to, nor is protected from interference due
   to operation of Automated Maritime Telecommunications Systems (AMTS),
   television broadcasting on channels 11 and 13, 218–219 MHz Service
   systems, Land Mobile Services systems, or any other service having a
   primary allocation in or adjacent to the band.

   (3) No amateur station may transmit in the 219–220 MHz segment unless
   the licensee has given written notification of the station's specific
   geographic location for such transmissions in order to be incorporated
   into a data base that has been made available to the public. The
   notification must be given at least 30 days prior to making such
   transmissions. The notification must be given to: The American Radio
   Relay, Inc., 225 Main Street, Newington, CT 06111–1494.

   (4) No amateur station may transmit in the 219–220 MHz segment from a
   location that is within 640 km of an AMTS Coast Station that uses
   frequencies in the 217–218/219–220 MHz AMTS bands unless the amateur
   station licensee has given written notification of the station's
   specific geographic location for such transmissions to the AMTS
   licensee. The notification must be given at least 30 days prior to
   making such transmissions. The location of AMTS Coast Stations using
   the 217–218/219–220 MHz channels may be obtained from either:

   The American Radio Relay League, Inc., 225 Main Street, Newington, CT
   06111–1494;

   or

   Interactive Systems, Inc., Suite 1103, 1601 North Kent Street,
   Arlington, VA 22209; Fax: (703) 812–8275; Phone: (703) 812–8270.

   (5) No amateur station may transmit in the 219–220 MHz segment from a
   location that is within 80 km of an AMTS Coast Station that uses
   frequencies in the 217–218/219–220 MHz AMTS bands unless that amateur
   station licensee holds written approval from that AMTS licensee. The
   location of AMTS Coast Stations using the 217–218/219–220 MHz channels
   may be obtained as noted in paragraph (e)(4) of this section.

   (f) In the 70 cm band:

   (1) No amateur station shall transmit from north of Line A in the
   420–430 MHz segment.

   (2) The 420–430 MHz segment is allocated to the amateur service in the
   United States on a secondary basis, and is allocated in the fixed and
   mobile (except aeronautical mobile) services in the International Table
   of allocations on a primary basis. No amateur station transmitting in
   this band shall cause harmful interference to, nor is protected from
   interference due to the operation of, stations authorized by other
   nations in the fixed and mobile (except aeronautical mobile) services.

   (3) The 430–440 MHz segment is allocated to the amateur service on a
   secondary basis in ITU Regions 2 and 3. No amateur station transmitting
   in this band in ITU Regions 2 and 3 shall cause harmful interference
   to, nor is protected from interference due to the operation of,
   stations authorized by other nations in the radiolocation service. In
   ITU Region 1, the 430–440 MHz segment is allocated to the amateur
   service on a co-primary basis with the radiolocation service. As
   between these two services in this band in ITU Region 1, the basic
   principle that applies is the equality of right to operate. Amateur
   stations authorized by the United States and radiolocation stations
   authorized by other nations in ITU Region 1 shall operate so as not to
   cause harmful interference to each other.

   (4) No amateur station transmitting in the 449.75–450.00 MHz segment
   shall cause interference to, nor is protected from interference due to
   the operation of stations in, the space operation and space research
   services.

   (g) In the 33 cm band:

   (1) In the States of Colorado and Wyoming, bounded by the area of
   latitude 396° N. to 42° N. and longitude 103° W. to 108° W., an amateur
   station may transmit in the 902 MHz to 928 MHz band only on the
   frequency segments 902.0–902.4, 902.6–904.3, 904.7–925.3, 925.7–927.3,
   and 927.7–928.0 MHz. This band is allocated on a secondary basis to the
   amateur service subject to not causing harmful interference to, and not
   receiving any interference protection from, the operation of
   industrial, scientific and medical devices, automatic vehicle
   monitoring systems, or Government stations authorized in this band.

   (2) No amateur station shall transmit from those portions of the States
   of Texas and New Mexico bounded on the south by latitude 31°41' N., on
   the north by latitude 34°30' N., on the east by longitude 104°11' W.,
   and on the west by longitude 107°30' W.

   (h) No amateur station transmitting in the 23 cm band, the 3.3–3.4 GHz
   segment, the 3 cm band, the 24.05–24.25 GHz segment, the 76–77.5 GHz
   segment, the 78–81 GHz segment, the 136–141 GHz segment, and the
   241–248 GHz segment shall cause harmful interference to, nor is
   protected from interference due to the operation of, stations
   authorized by other nations in the radiolocation service.

   (i) In the 23 cm band, no amateur station shall cause harmful
   interference to, nor is protected from interference due to the
   operation of, stations in the radionavigation-satellite service, the
   aeronautical radionavigation service, the Earth exploration-satellite
   service (active), or the space research service (active).

   (j) In the 13 cm band:

   (1) The amateur service is allocated on a secondary basis in all ITU
   Regions. In ITU Region 1, no amateur station shall cause harmful
   interference to, and shall be not protected from interference due to
   the operation of, stations authorized by other nations in the fixed and
   mobile services. In ITU Regions 2 and 3, no amateur station shall cause
   harmful interference to, and shall not be protected from interference
   due to the operation of, stations authorized by other nations in the
   fixed, mobile and radiolocation services.

   (2) In the United States:

   (i) The 2300–2305 MHz segment is allocated to the amateur service on a
   secondary basis. (Currently the 2300–2305 MHz segment is not allocated
   to any service on a primary basis.);

   (ii) The 2305–2310 MHz segment is allocated to the amateur service on a
   secondary basis to the fixed, mobile, and radiolocation services;

   (iii) The 2390–2417 MHz segment is allocated to the amateur service on
   a primary basis.

   (A) The 2390–2395 MHz segment is shared with Federal and non-Federal
   Government mobile services on a co-equal basis. See 47 CFR 2.106,
   footnote US276.

   (B) Amateur stations operating in the 2400–2417 MHz segment must accept
   harmful interference that may be caused by the proper operation of
   industrial, scientific and medical equipment.

   (iv) The 2417–2450 MHz segment is allocated to the amateur service on a
   co-secondary basis with the Federal Government radiolocation service.
   Amateur stations operating within the 2417–2450 MHz segment must accept
   harmful interference that may be caused by the proper operation of
   industrial, scientific, and medical devices operating within the band.

   (k) No amateur station transmitting in the following segments shall
   cause harmful interference to stations in the radio astronomy service:
   3.332–3.339 GHz, 3.3458–3.3525 GHz, 76–77.5 GHz, 78–81 GHz, 136–141
   GHz, 241–248 GHz, 275–323 GHz, 327–371 GHz, 388–424 GHz, 426–442 GHz,
   453–510 GHz, 623–711 GHz, 795–909 GHz, and 926–945 GHz. No amateur
   station transmitting in following segments shall cause harmful
   interference to stations in the Earth exploration-satellite service
   (passive) and space research service (passive): 275–277 GHz, 294–306
   GHz, 316–334 GHz, 342–349 GHz, 363–365 GHz, 371–389 GHz, 416–434 GHz,
   442–444 GHz, 496–506 GHz, 546–568 GHz, 624–629 GHz, 634–654 GHz,
   659–661 GHz, 684–692 GHz, 730–732 GHz, 851–853 GHz, and 951–956 GHz.

   (l) In the 9 cm band:

   (1) In ITU Regions 2 and 3, the 9 cm band is allocated to the amateur
   service on a secondary basis. In ITU Region 1, the segment 3.4–3.475
   GHz is allocated to the amateur service on a secondary basis for use
   only in Germany, Israel, and the United Kingdom.

   (2) In the United States, the 9 cm band is allocated to the amateur and
   non-Federal radiolocation services on a secondary basis.

   (3) In the 3.4–3.5 GHz segment, no amateur station shall cause harmful
   interference to, nor is protected from interference due to the
   operation of, stations in the fixed and fixed-satellite services.

   (4) In the 3.4–3.5 GHz segment, no amateur station shall cause harmful
   interference to, nor is protected from interference due to the
   operation of, stations authorized by other nations in the fixed and
   fixed-satellite service.

   (m) In the 5 cm band:

   (1) In the 5.650–5.725 GHz segment, the amateur service is allocated in
   all ITU Regions on a co-secondary basis with the space research (deep
   space) service.

   (2) In the 5.725–5.850 GHz segment, the amateur service is allocated in
   all ITU Regions on a secondary basis. No amateur station shall cause
   harmful interference to, nor is protected from interference due to the
   operation of, stations authorized by other nations in the
   fixed-satellite service in ITU Region 1.

   (3) No amateur station transmitting in the 5.725–5.875 GHz segment is
   protected from interference due to the operation of industrial,
   scientific and medical devices operating on 5.8 GHz.

   (4) In the 5.650–5.850 GHz segment, no amateur station shall cause
   harmful interference to, nor is protected from interference due to the
   operation of, stations authorized by other nations in the radiolocation
   service.

   (5) In the 5.850–5.925 GHz segment, the amateur service is allocated in
   ITU Region 2 on a co-secondary basis with the radiolocation service. In
   the United States, the segment is allocated to the amateur service on a
   secondary basis to the non-Government fixed-satellite service. No
   amateur station shall cause harmful interference to, nor is protected
   from interference due to the operation of, stations authorized by other
   nations in the fixed, fixed-satellite and mobile services. No amateur
   station shall cause harmful interference to, nor is protected from
   interference due to the operation of, stations in the non-Government
   fixed-satellite service.

   (n) In the 3 cm band:

   (1) In the United States, the 3 cm band is allocated to the amateur
   service on a co-secondary basis with the non-government radiolocation
   service.

   (2) In the 10.00–10.45 GHz segment in ITU Regions 1 and 3, no amateur
   station shall cause interference to, nor is protected from interference
   due to the operation of, stations authorized by other nations in the
   fixed and mobile services.

   (o) No amateur station transmitting in the 1.2 cm band is protected
   from interference due to the operation of industrial, scientific and
   medical devices on 24.125 GHz. In the United States, the 24.05–24.25
   GHz segment is allocated to the amateur service on a co-secondary basis
   with the non-government radiolocation and Government and non-government
   Earth exploration-satellite (active) services.

   (p) The 2.5 mm band is allocated to the amateur service on a secondary
   basis. No amateur station transmitting in this band shall cause harmful
   interference to, nor is protected from interference due to the
   operation of, stations in the fixed, inter-satellite and mobile
   services.

   (q) No amateur station transmitting in the 244–246 GHz segment of the 1
   mm band is protected from interference due to the operation of
   industrial, scientific and medical devices on 245 GHz.

   (r) Authorization of the 76–77 GHz segment of the 4 mm band for amateur
   station transmissions is suspended until such time that the Commission
   may determine that amateur station transmissions in this segment will
   not pose a safety threat to vehicle radar systems operating in this
   segment.

   (s) An amateur station having an operator holding a General, Advanced
   or Amateur Extra Class license may only transmit single sideband,
   suppressed carrier, (emission type 2K8J3E) upper sideband on the
   channels 5332 kHz, 5348 kHz, 5368 kHz, 5373 kHz, and 5405 kHz. Amateur
   operators shall ensure that their transmission occupies only the 2.8
   kHz centered around each of these frequencies. Transmissions shall not
   exceed an effective radiated power (e.r.p) of 50 W PEP. For the purpose
   of computing e.r.p. the transmitter PEP will be multiplied with the
   antenna gain relative to a dipole or the equivalent calculation in
   decibels. A half wave dipole antenna will be presumed to have a gain of
   0 dBd. Licensees using other antennas must maintain in their station
   records either manufacturer data on the antenna gain or calculations of
   the antenna gain. No amateur station shall cause harmful interference
   to stations authorized in the mobile and fixed services; nor is any
   amateur station protected from interference due to the operation of any
   such station.

   (t)(1) The 7–7.1 MHz segment is allocated to the amateur and
   amateur-satellite services on a primary and exclusive basis throughout
   the world, except that the 7–7.05 MHz segment is:

   (i) Additionally allocated to the fixed service on a primary basis in
   the countries listed in 47 CFR 2.106, footnote 5.140; and

   (ii) Alternatively allocated to the fixed service on a primary and
   exclusive basis ( i.e. , the segment 7–7.05 MHz is not allocated to the
   amateur service) in the countries listed in 47 CFR 2.106, footnote
   5.141.

   (2) The 7.1–7.2 MHz segment is allocated to the amateur service on an
   exclusive basis in Region 2. Until March 29, 2009, the 7.1–7.2 MHz
   segment is allocated to the amateur and broadcasting services on a
   co-primary basis in Region 1 and Region 3 and the use of the 7.1–7.2
   MHz segment by the amateur service shall not impose constraints on the
   broadcasting service intended for use within Region 1 and Region 3.
   After March 29, 2009, the 7.1–7.2 MHz segment is allocated to the
   amateur service on a primary and exclusive basis throughout the world,
   except that the 7.1–7.2 MHz segment is additionally allocated to the
   fixed and mobile except aeronautical mobile (R) services on a primary
   basis in the countries listed in 47 CFR 2.106, footnote 5.141B.

   (3) The 7.2–7.3 MHz segment is allocated to the amateur service on an
   exclusive basis in Region 2 and to the broadcasting service on an
   exclusive basis in Region 1 and Region 3. The use of the 7.2–7.3 MHz
   segment in Region 2 by the amateur service shall not impose constraints
   on the broadcasting service intended for use within Region 1 and Region
   3.

   [ 54 FR 25857 , June 20, 1989;  54 FR 39536 , Sept. 27, 1989]

   Editorial Note:   ForFederal Registercitations affecting § 97.303, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and on GPO Access.