[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR2.103]

[Page 391-392]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS--Table of Contents
 
     Subpart B--Allocation, Assignment, and Use of Radio Frequencies
 
Sec.  2.103  Government use of non-Government frequencies.

    (a) Government stations may be authorized to use non-Government 
frequencies in the bands above 25 MHz (except the 764-776 MHz and 794-
806 MHz public safety bands) if the Commission finds that such use is 
necessary for coordination of Government and non-Government activities: 
Provided, however, that:
    (1) Government operation on non-Government frequencies shall conform 
with the conditions agreed upon by the Commission and the National 
Telecommunications and Information Administration (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-
Government stations and, should harmful interference result, that the 
interfering Government operation shall immediately terminate; and
    (4) Government operation has been certified as necessary by the non-
Government licensees involved and this certification has been furnished, 
in writing, to the Government agency with which communication is 
required.
    (b) Government stations may be authorized to use channels in the 
764-776 MHz and 794-806 MHz public safety bands with non-Government 
entities if the Commission finds such use necessary; where:
    (1) The stations are used for interoperability or part of a 
Government/non-Government shared or joint-use system;
    (2) The Government entity obtains the approval of the non-Government

[[Page 392]]

(State/local government) licensee(s) or applicant(s) involved;
    (3) Government 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 the National Telecommunications and 
Information Administration; and
    (4) Interoperability, shared or joint-use systems are the subject of 
a mutual agreement between the Government and non-Government 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.

[63 FR 58650, Nov. 2, 1998]