Nearly everyone reading this article is involved in some way in the transmission of energy either to a satellite or a ground station. This means that you have probably heard about the need to turn on an antenna for a short-term test, and consequently, you also probably are familiar with the dilemma of whether it makes sense to obtain regulatory approval for these temporary situations. Fortunately, there is a simple solution for cases such as these: the experimental license.

The U.S. Federal Communications Commission (FCC) regulates radio transmissions according to authority granted to it by the U.S. Communications Act, which states that no “person shall operate any apparatus for the transmission of energy … by radio from … the United States … except … with a license … granted under the provisions of this Act.”

Apart from FCC-designated unlicensed operations, any other transmission of energy requires a license. There are, however, certain situations where seeking a long-term license is impractical. For instance, it would be overly burdensome to apply for and obtain a conventional license just to demonstrate live RF equipment at a trade conference. The FCC created experimental licenses for these types of situations. 

When Can Experimental Licenses Be Granted?

Experimental licenses are issued for a limited time, typically for the duration of an event. Some situations that are good candidates for experimental licenses include research projects where equipment needs to be tested as well as situations involving the development of radio techniques, factory testing or calibration of equipment. Less technical situations also qualify for experimental license authority, for example, demonstrating equipment to a prospective buyer or performing limited market studies.

Experimental licenses are ideal in cases where there are no frequency allocations for a particular service. Also, experimental licenses can be sought while regulations are being written through the notice and comment process. For instance, Vehicle-Mounted Earth Stations (VMES) first operated with an experimental license before there were VMES rules in place. 

Rights of an Experimental License

Experimental licenses have terms lasting from a few months to two years, and in some special cases, up to five years. Although an experimental license is an authorization to transmit energy, be aware that the experimental license does not have the same rights as a conventional license. Primarily, the assigned frequencies under the experimental license are non-exclusive and the licensee must turn off transmissions in the event it causes harmful interference. 

Government Frequencies

Experimental licenses also can be used to operate equipment that function on frequencies assigned exclusively to the U.S. government, such as in the X-band. While the FCC does not have jurisdiction over government frequencies, the FCC can issue experimental licenses because it can regulate electromagnetic emissions, regardless of frequency. In this case, the FCC will issue an experimental license after coordinating with its counterpart for non-commercial frequencies, the National Telecommunications and Information Agency. 

Is Confidentiality Possible?

An experimental license is a public document. However, exhibits that are part of the license application can be given confidential treatment, if so requested. This is important where the applicant might be testing a new radio technique and does not want to compromise patentable material or where the exhibits might display sensitive information critical to national security. 

Conclusion

If ever you find yourself wondering whether it’s worth the risk to flip the power switch of RF equipment for a test or demonstration, remember that obtaining an experimental license is an option that can eliminate the liability of running an unlicensed operation.

Raul Magallanes runs a Houston-based law firm focusing on telecommunications law.
He may be reached at +1 (281) 317-1397 or by email at raul@ rmtelecomlaw.com.