§  74.802   Frequency assignment.

   (a) Frequencies within the following bands may be assigned for use by
   low power auxiliary stations:

   26.100-26.480 MHz

   54.000-72.000 MHz

   76.000-88.000 MHz

   161.625-161.775 MHz (except in Puerto Rico or the Virgin Islands)

   174.000-216.000 MHz

   450.000-451.000 MHz

   455.000-456.000 MHz

   470.000-488.000 MHz

   488.000-494.000 MHz (except Hawaii)

   494.000-608.000 MHz

   614.000-698.000 MHz

   944.000-952.000 MHz

   (b) Operations in the bands allocated for TV broadcasting, listed
   below, are limited to locations removed from existing co-channel TV
   broadcast stations by not less than the following distances unless
   otherwise authorized by the FCC. (See §  73.609 for zone definitions.)

   (1) 54.000-72.000 MHz and 76.000-88.000 MHz:

   Zone I 105 km (65 miles)

   Zones II and III 129 km (80 miles)

   (2) 174.000-216.000 MHz

   Zone I 97 km (60 miles)

   Zones II and III 129 km (80 miles)

   (3) 470.000-608.000 MHz and 614.000-698.000 MHz.

   All zones 113 km (70 miles)

   (c) Specific frequency operation is required when operating within the
   bands allocated for TV broadcasting.

   (1) The frequency selection shall be offset from the upper or lower
   band limits by 25 kHz or an integral multiple thereof.

   (2) One or more adjacent 25 kHz segments within the assignable
   frequencies may be combined to form a channel whose maximum bandwidth
   shall not exceed 200 kHz.

   (d) Low power auxiliary licensees will not be granted exclusive
   frequency assignments.

   (e) Clearing mechanisms for the 700 MHz Band. This section sets forth
   provisions relating to the transition of low power auxiliary stations
   operating at 698-806 MHz (700 MHz band).

   (1) Any low power auxiliary station that operates at frequencies in the
   700 MHz band while transitioning its operations out of that band must
   not cause harmful interference and must accept interference from any
   commercial or public safety wireless licensees in the 700 MHz band.

   (2) Any low power auxiliary station that operates at frequencies in the
   700 MHz band will have until no later than June 12, 2010 to transition
   its operations completely out of the 700 MHz band, subject to the
   following. During this transition period, any commercial or public
   safety licensee in the 700 MHz band may choose one or both of the
   following voluntary methods to notify low power auxiliary stations:

   (i) Any commercial or public safety licensee in the 700 MHz band may
   notify the Commission that it has initiated or will be initiating
   operations on specified frequencies in a particular market(s) in the
   700 MHz band. The wireless operations initiated by the commercial or
   public safety 700 MHz licensees may include system testing or trials.
   Following receipt of the notification, the Commission will issue a
   public notice providing that operators of low power auxiliary stations,
   including wireless microphones, in the 700 MHz band in those market(s)
   will be required to cease operations within 60 days after the
   Commission's notice is released.

   (ii) Any commercial or public safety licensee in the 700 MHz band may
   notify any low power auxiliary station users operating in the 700 MHz
   band that it has initiated or will be initiating operations on
   specified frequencies in the market in which the low power auxiliary
   station is operating. The wireless operations initiated by the
   commercial or public safety 700 MHz licensees may include system
   testing or trials. Upon receipt of such notice, the low power auxiliary
   station in the affected market area must cease operation within 60
   days.

   (iii) In the event that both of these notice provisions in paragraphs
   (e)(2)(i) and (ii) of this section are used with respect to a
   particular low power auxiliary station, the low power auxiliary station
   will have to cease operations in the market(s) in accordance with
   whichever notice provides for earlier termination of its operations.

   (3) Notwithstanding this 60 day notice requirement, any low power
   auxiliary station that causes harmful interference to any commercial or
   public safety 700 MHz licensee must cease operations immediately,
   consistent with the rules for secondary use.

   [ 52 FR 2535 , Jan. 23, 1987, as amended at  68 FR 12772 , Mar. 17, 2003;
    75 FR 3638 , Jan. 22, 2010]

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