[Code of Federal Regulations]

[Title 47, Volume 2]

[Revised as of October 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR27.602]



[Page 396]

 

                       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.

    (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.