Sec.  27.602   Guard Band Manager agreements.

   Guard Band Managers are required to enter into written agreements regarding
   the use of their licensed spectrum by others, subject to the following
   conditions:

   (a) The duration of spectrum user agreements may not extend beyond the term
   of the Guard Band Manager's FCC license.

   (b) The spectrum user agreement must specify in detail the operating
   parameters of the spectrum user's system, including power, maximum antenna
   heights, frequencies of operation, base station location(s), area(s) of
   operation, and other parameters specified in Commission rules for the use of
   spectrum identified in  Sec. 27.5(b)(1) and (b)(2).

   (c) The spectrum user agreement must require the spectrum user to use
   Commission-approved equipment where appropriate and to complete
   post-construction proofs of system performance prior to system activation.

   (d) The spectrum user must agree to operate its system in compliance with
   all technical specifications for the system contained in the agreement and
   agree to cooperate fully with any investigation or inquiry conducted by
   either the Commission or the Guard Band Manager.

   (e) The spectrum user must agree to comply with all applicable Commission
   rules, and the spectrum user must accept Commission oversight and
   enforcement.

   (f) The spectrum user agreement must stipulate that if the Guard Band
   Manager determines that there is an ongoing violation of the Commission's
   rules or that the spectrum user's system is causing harmful interference,
   the Guard Band Manager shall have the right to suspend or terminate
   operation of the spectrum user's system. The spectrum user agreement must
   stipulate that if the spectrum user refuses to comply with a suspension or
   termination order, the Guard Band Manager will be free to use all legal
   means necessary to enforce the order.

   (g) The spectrum user agreement may not impose unduly restrictive
   requirements on use of the licensed frequencies, including any requirement
   that is not reasonably related to the efficient management of the spectrum
   licensed to the Guard Band Manager.

   (h) Guard Band Managers shall maintain their written agreements with
   spectrum users at their principal place of business, and retain such records
   for at least two years after the date such agreements expire. Such records
   shall be kept current and be made available upon request for inspection by
   the Commission or its representatives.