TITLE 47 - TELECOMMUNICATION

CHAPTER I - FEDERAL COMMUNICATIONS COMMISSION

SUBCHAPTER D - SAFETY AND SPECIAL RADIO SERVICES

PART 90 - PRIVATE LAND MOBILE RADIO SERVICES

subpart y - REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN THE 4940 - 4990 MHZ BAND

90.1209 - Policies governing the use of the 49404990 MHz band.

  (a) Channels in this band are available on a shared basis only and will not be assigned for the exclusive use of any licensee.

  (b) All licensees shall cooperate in the selection and use of channels in order to reduce interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Further, the Commission may prohibit the use of any 4.9 GHz channel under a system license at a given geographical location when, in the judgment of the Commission, its use in that location is not in the public interest.

  (c) Licensees will make every practical effort to protect radio astronomy operations as specified in 2.106, footnote US311 of this chapter.

  (d) There is no time limit for which base and temporary fixed stations authorized under a 49404990 MHz band license must be placed in operation. Fixed point-to-point stations which are licensed on a site-by-site basis must be placed in operation within 18 months of the grant date or the authorization for that station cancels automatically.