§  5.303   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 for testing medical devices (as defined in § 5.402(b) of
   this chapter), if the device is designed to comply with all applicable
   service rules in part 18; part 95, subpart H; or part 95, subpart I of
   this chapter.

   [ 81 FR 48363 , July 25, 2016]