§ 90.1209   Policies governing the use of the 4940-4990 MHz band.

   (a) Channels in this band are available on a shared basis only and will
   not be assigned for the exclusive use of any licensee.

   (b) All licensees shall cooperate in the selection and use of channels
   in order to reduce interference and make the most effective use of the
   authorized facilities. Licensees of stations suffering or causing
   harmful interference are expected to cooperate and resolve this problem
   by mutually satisfactory arrangements. If licensees are unable to do
   so, the Commission may impose restrictions including specifying the
   transmitter power, antenna height, or area or hours of operation of the
   stations concerned. Further, the Commission may prohibit the use of any
   4.9 GHz channel under a system license at a given geographical location
   when, in the judgment of the Commission, its use in that location is
   not in the public interest.

   (c) Licensees will make every practical effort to protect radio
   astronomy operations as specified in § 2.106, footnote US311 of this
   chapter.

   (d) There is no time limit for which base and temporary fixed stations
   authorized under a 4940-4990 MHz band license must be placed in
   operation. Fixed point-to-point stations which are licensed on a
   site-by-site basis must be placed in operation within 18 months of the
   grant date or the authorization for that station cancels automatically.

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