47 U.S.C. § 1454 — Guard bands and unlicensed use

(a) In general Nothing in subparagraph (G) of section 309(j)(8) of this title or in section 1452 of this title means prevent the Commission^* from using relinquished or other spectrum to implement band plans with guard bands. (b) Size of guard bands Such guard bands must be no larger than is technically reasonable to prevent harmful interference between licensed services outside the guard bands. (c) Unlicensed use in guard bands The Commission may permit the use of such guard bands for unlicensed use. (d) Database Unlicensed use must rely on a database or subsequent methodology as determined by the Commission. (e) Protections against harmful interference The Commission may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services.