Sec. 90.264  Disaster communications between 2 and 10 MHz.

    (a) The use of any particular frequency between 2 and 10 MHz is 
limited to those frequencies falling within the bands allocated to the 
fixed and land mobile services as indicated in Sec. 2.106 of the 
Commission's Rules and Regulations.
    (b) Only in the following circumstances will authority be extended 
to stations to operate on the frequencies between 2 and 10 MHz:
    (1) To provide communications circuits in emergency and/or disaster 
situations, where safety of life and property are concerned;
    (2) To provide standby and/or backup communications circuits to 
regular domestic communications circuits which have been disrupted by 
disasters and/or emergencies.
    (c) The FCC will not accept responsibility for protection of the 
circuits from harmful interference caused by foreign operations.
    (d) In the event that a complaint of harmful interference resulting 
from operation of these circuits is received from a foreign source, the 
offending circuit(s) must cease operation on the particular frequency 
concerned immediately upon notification by the Commission.
    (e) In order to accomodate the situations described in paragraphs 
(c) and (d) of this section, the equipment shall be capable of 
transmitting and receiving on any frequency within the bands between 2 
and 10 MHz and capable of immediate change among the frequencies.
    (f) Only 2K80J3E, 100HA1A and those emission types listed in 
Sec. 90.237(g) are permitted.
    (g) Applicants must fulfill eligibility requirements set out in 
Sec. 90.20(d)(6) and shall submit disaster communications plans pursuant 
to Sec. 90.129(m).
    (h) Training exercises which require use of these frequencies for 
more than 420 minutes per week, cumulative, are

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not authorized without prior written approval from the Commission.
[ 46 FR 52373 , Oct. 27, 1981, as amended at  48 FR 32831 , July 19, 1983; 
 49 FR 48712 , Dec. 14, 1984;  62 FR 18929 , Apr. 17, 1997]

    Effective Date Note: At  62 FR 18929 , Apr. 17, 1997, Sec. 90.264 was 
amended by revising paragraph (g), effective Oct. 17, 1997.