Unlicensed Frequencies Clause Samples
The Unlicensed Frequencies clause defines the terms under which parties may use radio frequencies that are not subject to exclusive licensing by regulatory authorities. Typically, this clause clarifies that certain equipment or services may operate on these frequencies, such as Wi-Fi or Bluetooth, but acknowledges that such use is subject to interference from other users and is not protected from such interference. Its core function is to set expectations regarding the lack of exclusivity and potential for interference, thereby allocating risk and clarifying responsibilities related to the use of unlicensed spectrum.
Unlicensed Frequencies. Notwithstanding any other provision contained herein, as among Licensor, Licensee and other users of the Tower or Tower Facility, (i) an Unlicensed User shall have no priority with respect to any other FCC Unlicensed Users with respect to Interference; and (ii) an Unlicensed User’s rights and obligations with respect to such Interference shall be determined and governed by FCC Rules and Regulations and any other Applicable Law. Licensor expressly disclaims any and all warranties and accepts no responsibility for management, mediation, mitigation or resolution of Interference among FCC Unlicensed Users operating at the Tower Facility and shall have no liability therefor.