Goto Section: 2.102 | 2.104 | Table of Contents
FCC 2.103
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 758-775 MHz and 788-805 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 by the First Responder Network
Authority to use channels in the 758-769 MHz and 788-799 MHz public safety
bands.
[ 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; 79 FR 596 , Jan. 6, 2014]
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Goto Section: 2.102 | 2.104
Goto Year: 2014 |
2016
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