Goto Section: 5.308 | 5.311 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 5.309 Notification requirements.
(a) At least ten calendar days prior to commencement of any experiment,
program experimental licensees must provide the following information
to the Commission's program experimental registration Web site.
(1) A narrative statement describing the experiment, including a
description and explanation of measures taken to avoid causing harmful
interference to any existing service licensee;
(2) Contact information for the researcher-in-charge of the described
(3) Contact information for a “stop buzzer”; and
(4) Technical details including:
(i) The frequency or frequency bands;
(ii) The maximum equivalent isotropically radiated power (EIRP) or
effective radiated power (ERP) under consideration;
(iii) The emission designators to be used;
(iv) A description of the geographic area in which the test will be
(v) The number of units to be used; and
(vi) A mitigation plan as required by § 5.311, if necessary.
(5) For program license experiments that may affect frequency bands
used for the provision of commercial mobile services, emergency
notifications, or public safety purposes, a list of those critical
service licensees that are authorized to operate in the same bands and
geographic area of the planned experiment.
(b) Experiments may commence without specific approval or authorization
once ten calendar days have elapsed from the time of posting to the
above Web site. During that ten-day period, the licensee of an
authorized service may contact the program licensee to resolve any
objections to an experiment. It is expected that parties will work in
good faith to resolve such objections, including modifying experiments
if necessary to reach an agreeable resolution. However, only the
Commission has the authority to prevent a program licensee from
beginning operations (or to order the cessation of operations).
Therefore, if an incumbent licensee believes that it will suffer
interference (or in fact, has experienced interference), it must bring
its concerns to the Commission for action. In such an event, the
Commission will evaluate the concerns, and determine whether a planned
experiment should be permitted to commence as proposed (or be
terminated, if the experiment has commenced).
(c) The Commission can prohibit or require modification of specific
experiments under a program experimental radio license at any time
without notice or hearing if in its discretion the need for such action
(d) Within 30 days after completion of each experiment conducted under
a program experimental radio license, the licensee shall file a
narrative statement describing the results of the experiment, including
any interference incidents and steps taken to resolve them. This
narrative statement must be filed to the Commission's program
experimental registration Web site and be associated with the materials
described in paragraphs (a) and (b) of this section.
(e)(1) The Commission may ask licensees for additional information to
resolve an interference incident, gain a better understanding of new
technology development, or for auditing purposes to ensure that
licensees are actually conducting experiments. Failure to comply with a
Commission request for additional information under this section, or
if, upon review of such information, the Commission determines that a
licensee is not actually conducting experimentation, could result in
forfeiture of the program license and loss of privilege of obtaining
such a license in the future.
(2) All information submitted pursuant to this section will be treated
as routinely available for publicly inspection, within the meaning of
§ 0.459 of this chapter. Licensees are permitted to request that
information requested by the Commission pursuant to this section be
withheld from public inspection. The Commission will consider such
requests pursuant to the procedures set forth in § 0.459 of this
[ 78 FR 25162 , Apr. 29, 2013]
Goto Section: 5.308 | 5.311
Goto Year: 2020 |
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