§ 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
   experiment;

   (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
   conducted;

   (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 arises.

   (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 chapter.

   Effective Date Note: At  78 FR 25162 , Apr. 29, 2013, § § 5.309 was added. This
   section contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

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