[Code of Federal Regulations]

[Title 47, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR101.133]



[Page 651-652]

 

                       TITLE 47--TELECOMMUNICATION

 

        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)

 

PART 101_FIXED MICROWAVE SERVICES--Table of Contents

 

                      Subpart C_Technical Standards

 

Sec.  101.133  Limitations on use of transmitters.



    (a) Transmitters licensed for operation in Common Carrier services 

may be concurrently licensed or used for non-common carrier 

communication purposes. Mobile units may be concurrently licensed or 

used for non-common carrier communication purposes provided that the 

transmitter is certificated for use in each service.

    (b) Private operational fixed point-to-point microwave stations 

authorized in this service may communicate with associated operational-

fixed stations and fixed receivers and with units of associated stations 

in the mobile service licensed under Private Radio Service rule parts. 

In addition, intercommunication is permitted with other licensed 

stations and with U.S. Government stations in those cases which require 

cooperation or coordination of activities or when cooperative use 

arrangements in accordance with Sec.  101.135 are contemplated; 

provided, however, that where communication is desired with stations 

authorized to operate under the authority of a foreign jurisdiction, 

prior approval of this Commission must be obtained; And provided 

further, That the authority under which such other stations operate does 

not prohibit the intercommunication.

    (c) Two or more persons or governmental entities eligible for 

private operational fixed point-to-point microwave licenses may use the 

same transmitting equipment under the following terms and conditions:

    (1) Each licensee complies with the general operating requirements 

set out in this part;



[[Page 652]]



    (2) Each licensee is eligible for the frequency(ies) on which the 

facility operates; and

    (3) Each licensee must have the ability to access the transmitter(s) 

that it is authorized to operate under the multiple licensing 

arrangement.

    (d) LMDS subscriber transmissions. LMDS licensees shall not operate 

transmitters from subscriber locations in the 29.1-29.25 GHz band.

    (e) Existing private operational fixed wireless licensees applying 

to become common carrier wireless licensees shall comply with all 

provisions of the Communications Act and the Commission's rules. 

Applicants must take all required filings, including FCC Form 601, and 

receive all necessary Commission approval prior to operating as a common 

carrier wireless licensee. The regulatory fee associated with FCC 

wireless application Form 601 is waived for applicants who are existing 

private operational fixed licensees seeking common carrier status, 

provided that such licensees have also complied with all other 

discontinuance requirements of Title II of the Act. Applicants are 

responsible for all other Commission regulatory fees.



[61 FR 26677, May 28, 1996, as amended at 61 FR 44183, Aug. 28, 1996; 63 

FR 36611, July 7, 1998; 68 FR 4957, Jan. 31, 2003]