I've been reading through the FCC rules and in 18.301, it says that "ISM equipment may be operated on any frequency above 9 kHz except as indicated in §18.303" and there is a table with bands that are set aside specifically for ISM use. In 18.305, there is a table stating what the radiated limits for emissions outside of the designated bands are.

Here is part 18

My design uses a frequency of 434MHz, which is not within a specified ISM band. So I assume that the table in 18.305 applies to my design. However, in 15.240, it states that frequencies from 433.5MHz to 434.5MHz are to be used only by equipment designed to identify the contents of shipping containers. But, 18.301 said I could use any frequency.

I am confused and would really appreciate some help.

 

I read more and the ISM stuff is for devices which use RF energy locally and not for telecommunications.

So my application is only concerned with part 15, which is for unlicensed radiators.

I don't need to worry about the 15.240 part because that is an "Additional provision to the general radiated emission limitations."

All I need to do is stay within the limits specified under 15.209 and, if I sell it, get it certified.