§  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 763-775 MHz and 793-805 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 769-775
   MHz, 799-805 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.

   (c) Federal stations may be authorized to use channels in the 763-768
   MHz and 793-798 MHz public safety bands with non-Federal entities
   where:

   (1) The Federal entity obtains the prior approval of the Public Safety
   Broadband Licensee (and such approval granted by the Public Safety
   Broadband Licensee is consistent with the terms and conditions of the
   Network Sharing Agreement under 90.1406 of this chapter); and

   (2) Federal operation is in accordance with the Commission's rules
   governing operation of this band and conforms to any conditions agreed
   upon by the Commission and NTIA.

   [ 63 FR 58650 , Nov. 2, 1998, as amended at  68 FR 38638 , June 30, 2003;
    70 FR 46586 , Aug. 10, 2005;  72 FR 48843 , Aug. 24, 2007]