---
kind: "section"
citation: "47 C.F.R. § 2.103"
title: "47"
number: "2.103"
heading: "Federal use of non-Federal frequencies."
url: "https://uscodex.org/cfr/47/2.103"
---

# §2.103. Federal use of non-Federal frequencies.

- (a) Federal stations may be authorized to use non-Federal frequencies in the bands above 25 MHz (except the 758-775 MHz and 788-805 MHz public safety bands) if the Commission finds that such use is necessary for coordination of Federal and non-Federal activities: Provided, however, that:
  - (1) Federal operation on non-Federal frequencies shall conform with the conditions agreed upon by the Commission and NTIA (the more important of which are contained in paragraphs [(a)(2)](#a-2), [(a)(3)](#a-3) and [(a)(4)](#a-4) of this section);
  - (2) Such operations shall be in accordance with Commission rules governing the service to which the frequencies involved are allocated;
  - (3) Such operations shall not cause harmful interference to non-Federal stations and, should harmful interference result, that the interfering Federal operation shall immediately terminate; and
  - (4) Federal operation has been certified as necessary by the non-Federal licensees involved and this certification has been furnished, in writing, to the Federal agency with which communication is required.
- (b) Federal stations may be authorized to use channels in the 769-775 MHz, 799-805 MHz and 4940-4990 MHz public safety bands with non-Federal entities if the Commission finds such use necessary; where:
  - (1) The stations are used for interoperability or part of a Federal/non-Federal shared or joint-use system;
  - (2) The Federal entity obtains the approval of the non-Federal (State/local government) licensee(s) or applicant(s) involved;
  - (3) Federal operation is in accordance with the Commission's Rules governing operation of this band and conforms with any conditions agreed upon by the Commission and NTIA; and
  - (4) Interoperability, shared or joint-use systems are the subject of a mutual agreement between the Federal and non-Federal entities. This section does not preclude other arrangements or agreements as permitted under [part 90](/cfr/47/part90.md) of the rules. See 47 CFR [90.179](/cfr/47/90.179.md) and [90.421](/cfr/47/90.421.md) of this chapter.
- (c) Federal stations may be authorized by the First Responder Network Authority to use channels in the 758-769 MHz and 788-799 MHz public safety bands.

## Notes

### Amendments

[63 FR 58650, Nov. 2, 1998, as amended at 68 FR 38638, June 30, 2003; 70 FR 46586, Aug. 10, 2005; 72 FR 48843, Aug. 24, 2007; 79 FR 596, Jan. 6, 2014]

### Source

Source: 49 FR 2373, Jan. 19, 1984, unless otherwise noted.

### Authority

Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.

### Source

Source: 28 FR 12465, Nov. 22, 1963, unless otherwise noted.

### Amendments

[63 FR 58650, Nov. 2, 1998, as amended at 68 FR 38638, June 30, 2003; 70 FR 46586, Aug. 10, 2005; 72 FR 48843, Aug. 24, 2007; 79 FR 596, Jan. 6, 2014]