Sec. 12. Unlicensed services in guard bands
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After a feasibility assessment and public notice and comment, and in consultation with the Secretary and the head of each affected Federal agency (or a designee thereof), the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after the date of enactment of this Act by competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), including spectrum that acts as a duplex gap between transmit and receive frequencies.
The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service operating in the guard band or in an adjacent band. Nothing in this section shall be construed as limiting the Commission or the Secretary from making spectrum available for licensed or unlicensed use under section 3 or available for unlicensed use in any spectrum band under existing rules and regulations.
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Sec. 12
Unlicensed services in guard bands
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