[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR101.135]

[Page 696-697]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 101_FIXED MICROWAVE SERVICES--Table of Contents
 
                      Subpart C_Technical Standards
 
Sec.  101.135  Shared use of radio stations and the offering of private 
carrier service.

    Licensees of Private Operational Fixed Point-to-Point Microwave 
radio stations may share the use of their facilities on a non-profit 
basis or may offer service on a for-profit private carrier basis, 
subject to the following conditions and limitations:
    (a) Persons or governmental entities licensed to operate radio 
systems pursuant to subpart H of this part on any of the private radio 
frequencies set out in Sec.  101.101 may share such systems with, or 
provide private carrier service to, any eligible entity for licensing 
under this part, regardless of individual eligibility restrictions, 
provided that the communications being carried are permissible under 
Sec.  101.603.

[[Page 697]]

    (b) The licensee must maintain access to and control over all 
facilities authorized under its license;
    (c) All sharing and private carrier arrangements must be conducted 
pursuant to a written agreement to be kept as part of the station 
records; and
    (d) The licensee must keep an up-to-date list of system sharers and 
private carrier subscribers and the basis of their eligibility under 
this part. Such records must be kept current and must be made available 
upon request for inspection by the Commission.
    (e) Applicants licensed in the MAS frequencies after June 2, 2000, 
shall not provide service to others on a for-profit private carrier 
basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 
932.25-932.5/941.25-941.5 MHz bands.

[61 FR 26677, May 28, 1996, as amended at 65 FR 17449, Apr. 3, 2000; 65 
FR 38330, June 20, 2000; 66 FR 35110, July 3, 2001; 68 FR 4958, Jan. 31, 
2003]