§ 5.403   Frequencies.

   (a) Licensees may operate in any frequency band, including those above
   38.6 GHz, except for frequency bands exclusively allocated to the
   passive services (including the radio astronomy service). In addition,
   licensees may not use any frequency or frequency band below 38.6 GHz
   that is listed in § 15.205(a) of this chapter.

   (b) Exception: Licensees may use frequencies listed in § 15.205(a) of
   this chapter if the device under test is designed to comply with all
   applicable service rules in part 18, Industrial, Scientific, and
   Medical Equipment; part 95, Personal Radio Services subpart H—Wireless
   Medical Telemetry Service; or part 95, subpart I—Medical Device
   Radiocommunication Service.

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