[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR27.602]

[Page 385-386]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES--Table of Contents
 
                     Subpart G--Guard Band Managers
 
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.

[[Page 386]]

    (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.