Code of Federal Regulations Title 47. Telecommunication § 47.5.403 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 if the device under test is designed to comply with all applicable service rules in part 18, Industrial, Scientific, and Medical Equipment;  part 95, Personal Radio Services subpart H—Wireless Medical Telemetry Service;  or part 95, subpart I—Medical Device Radiocommunication Service.