We are not always slaves to everyone else.

LMS licensees are required to demonstrate through actual field tests, that they 
do not cause interference with unlicensed devices in the band.

http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-117A1.pdf

5. The 915 MHz band is shared by a variety of users under a hierarchy of 
spectrum usage rights.
The band is allocated for primary use by Industrial, Scientific and Medical 
(ISM) equipment and Federal
Government radiolocation systems.6 Federal Government fixed and mobile services 
are secondary to
both of these primary uses.7 LMS licensees are next in order of priority and 
may not cause interference to
and must tolerate interference from all Federal Government uses and ISM 
devices.8 Amateur radio
operations, in turn, are secondary to all Federal Government users and LMS 
licensees and must accept
any interference caused by ISM equipment.9 Finally, unlicensed devices 
authorized under Part 15 are not
entitled to interference protection from and may not cause harmful interference 
to any authorized services
in the band.10 Nonetheless, in recognition of the important contributions to 
the public that both Part 15
technologies and amateur operators provide in the 915 MHz band, the Commission 
adopted a "safe
harbor" provision, whereby unlicensed devices and amateur services operating 
pursuant to specific
Commission technical rules are deemed not to be causing harmful interference to 
LMS operations.11
Further, LMS licensees are required to demonstrate through actual field tests 
that their systems do not
cause unacceptable levels of interference to unlicensed devices in this band.12 
The Commission's rules
for spectrum sharing between LMS operations and Part 15 devices in the 915 MHz 
band were originally
adopted in 1995, and were thus known to prospective applicants prior to the 
M-LMS auctions in 1999 and
2001.13


-----
Mike Hammett
Intelligent Computing Solutions
http://www.ics-il.com

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