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
   seven hours a week, cumulative, are 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;  72 FR 35196 , June 27,
   2007]