47 U.S.C. § 1454

Guard bands and unlicensed use

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(a) In general

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.

(b) Size of guard bands

Such guard bands shall be no larger than is technically reasonable to prevent harmful interference between licensed services outside the guard bands.

(c) Unlicensed use in guard bands

The Commission may permit the use of such guard bands for unlicensed use.

(d) Database

Unlicensed use shall rely on a database or subsequent methodology as determined by the Commission.

(e) Protections against harmful interference

The Commission may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services.

(Pub. L. 112–96, title VI, § 6407, Feb. 22, 2012, 126 Stat. 231.)
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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