47 U.S.C. § 1454
Guard bands and unlicensed use
Nothing in subparagraph (G) of section 309(j)(8) of this title or in section 1452 of this title shall be construed to prevent the Commission from using relinquished or other spectrum to implement band plans with guard bands.
Such guard bands shall be no larger than is technically reasonable to prevent harmful interference between licensed services outside the guard bands.
The Commission may permit the use of such guard bands for unlicensed use.
Unlicensed use shall rely on a database or subsequent methodology as determined by the Commission.
The Commission may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services.
Notes of Decisions
Cited in 1
case, 2017–2017 · leading case: Free Access & Broadcast Telemedia, LLC v. Fed. Commc'ns Comm'n, 865 F.3d 615 (D.C. Cir. 2017).
Free Access & Broadcast Telemedia, LLC v. Fed. Commc'ns Comm'n, 865 F.3d 615 (D.C. Cir. 2017). “47 U.S.C. § 1454 (a), (b). This case is about the rights in the repacking process of low-power television (LPTV) stations, which tend to “serve areas not reached by full-power broadcast stations” and offer “niche programming catered to particular communities.”
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