Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§1454 Guard Bands and Unlicensed Use

Title 47 › Chapter 13— PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS › Subchapter IV— SPECTRUM AUCTION AUTHORITY › § 1454

Last updated Apr 5, 2026|Official source

Summary

The FCC may use relinquished or other spectrum to set up band plans that include guard bands. Guard bands must be only as large as needed to stop harmful interference between licensed services. The FCC can allow unlicensed devices to use those guard bands, but they must rely on a database or other method the FCC chooses. The FCC cannot allow any use that it finds would cause harmful interference to licensed services.

Full Legal Text

Title 47, §1454

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

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

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

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

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

Reference

Citations & Metadata

Citation

47 U.S.C. § 1454

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60