47 C.F.R. § 15.5

General conditions of operation

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(a) Persons operating intentional or unintentional radiators shall not be deemed to have any vested or recognizable right to continued use of any given frequency by virtue of prior registration or certification of equipment, or, for power line carrier systems, on the basis of prior notification of use pursuant to § 90.35(g) of this chapter.

(b) Operation of an intentional, unintentional, or incidental radiator is subject to the conditions that no harmful interference is caused and that interference must be accepted that may be caused by the operation of an authorized radio station, by another intentional or unintentional radiator, by industrial, scientific and medical (ISM) equipment, or by an incidental radiator.

(c) The operator of a radio frequency device shall be required to cease operating the device upon notification by a Commission representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected.

(d) Intentional radiators that produce Class B emissions (damped wave) are prohibited.

[54 FR 17714, Apr. 25, 1989, as amended at 75 FR 63031, Oct. 13, 2010]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1998–2021 · leading case: Rocky Mountain Radar, Inc. v. Fed. Commc'ns Comm'n, 158 F.3d 1118 (10th Cir. 1998).

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Rocky Mountain Radar, Inc. v. Fed. Commc'ns Comm'n, 158 F.3d 1118 (10th Cir. 1998). · cites it 3× “4 The FCC, however, could not certify the device, in that its intended purpose is interference with police communications, a violation of 47 C.F.R. § 15.5 (b). 5 *1121 RMR applied for full Commission review of this determination, see 47 C.”

AT&T Servs., Inc. v. FCC, 21 F.4th 841 (D.C. Cir. 2021). “47 C.F.R. § 15.5 (b)–(c); see also Additional Spectrum for Unlicensed Devices Below 900 MHz and in the 3 GHz Band, No.”

Radar Solutions, Ltd. v. United States Fed. Commc'ns Comm'n, 368 F. App'x 480 (5th Cir. 2010). “47 C.F.R. § 15.5 (b). 8 . 47 C.F.R. § 15.”

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