§ 5.309   Notification requirements.

   (a) At least ten calendar days prior to commencement of any experiment,
   program experimental licensees must provide the following information
   to the Commission's program experimental registration Web site.

   (1) A narrative statement describing the experiment, including a
   description and explanation of measures taken to avoid causing harmful
   interference to any existing service licensee;

   (2) Contact information for the researcher-in-charge of the described
   experiment;

   (3) Contact information for a "stop buzzer"; and

   (4) Technical details including:

   (i) The frequency or frequency bands;

   (ii) The maximum equivalent isotropically radiated power (EIRP) or
   effective radiated power (ERP) under consideration;

   (iii) The emission designators to be used;

   (iv) A description of the geographic area in which the test will be
   conducted;

   (v) The number of units to be used; and

   (vi) A mitigation plan as required by § 5.311, if necessary.

   (5) For program license experiments that may affect frequency bands
   used for the provision of commercial mobile services, emergency
   notifications, or public safety purposes, a list of those critical
   service licensees that are authorized to operate in the same bands and
   geographic area of the planned experiment.

   (b) Experiments may commence without specific approval or authorization
   once ten calendar days have elapsed from the time of posting to the
   above Web site. During that ten-day period, the licensee of an
   authorized service may contact the program licensee to resolve any
   objections to an experiment. It is expected that parties will work in
   good faith to resolve such objections, including modifying experiments
   if necessary to reach an agreeable resolution. However, only the
   Commission has the authority to prevent a program licensee from
   beginning operations (or to order the cessation of operations).
   Therefore, if an incumbent licensee believes that it will suffer
   interference (or in fact, has experienced interference), it must bring
   its concerns to the Commission for action. In such an event, the
   Commission will evaluate the concerns, and determine whether a planned
   experiment should be permitted to commence as proposed (or be
   terminated, if the experiment has commenced).

   (c) The Commission can prohibit or require modification of specific
   experiments under a program experimental radio license at any time
   without notice or hearing if in its discretion the need for such action
   arises.

   (d) Within 30 days after completion of each experiment conducted under
   a program experimental radio license, the licensee shall file a
   narrative statement describing the results of the experiment, including
   any interference incidents and steps taken to resolve them. This
   narrative statement must be filed to the Commission's program
   experimental registration Web site and be associated with the materials
   described in paragraphs (a) and (b) of this section.

   (e)(1) The Commission may ask licensees for additional information to
   resolve an interference incident, gain a better understanding of new
   technology development, or for auditing purposes to ensure that
   licensees are actually conducting experiments. Failure to comply with a
   Commission request for additional information under this section, or
   if, upon review of such information, the Commission determines that a
   licensee is not actually conducting experimentation, could result in
   forfeiture of the program license and loss of privilege of obtaining
   such a license in the future.

   (2) All information submitted pursuant to this section will be treated
   as routinely available for publicly inspection, within the meaning of
   § 0.459 of this chapter. Licensees are permitted to request that
   information requested by the Commission pursuant to this section be
   withheld from public inspection. The Commission will consider such
   requests pursuant to the procedures set forth in § 0.459 of this
   chapter.

   Effective Date Note: At  78 FR 25162 , Apr. 29, 2013, § § 5.309 was
   added. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

   return arrow Back to Top