[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 47CFR2.103]



[Page 541]

 

                       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  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 764-776 MHz and 794-

806 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 764-

776 MHz, 794-806 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.



[63 FR 58650, Nov. 2, 1998, as amended at 68 FR 38638, June 30, 2003; 70 

FR 46586, Aug. 10, 2005]