[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: 47CFR90.179]



[Page 331-332]

 

                       TITLE 47--TELECOMMUNICATION

 

        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)

 

PART 90_PRIVATE LAND MOBILE RADIO SERVICES--Table of Contents

 

       Subpart H_Policies Governing the Assignment of Frequencies

 

Sec.  90.179  Shared use of radio stations.



    Licensees of radio stations authorized under this rule part may 

share the use of their facilities. A station is shared when persons not 

licensed for the station control the station for their own purposes 

pursuant to the licensee's authorization. Shared use of a radio station 

may be either on a non-



[[Page 332]]



profit cost shared basis or on a for-profit private carrier basis. 

Shared use of an authorized station is subject to the following 

conditions and limitations:

    (a) Persons may share a radio station only on frequencies for which 

they would be eligible for a separate authorization.

    (b) The licensee of the shared radio station is responsible for 

assuring that the authorized facility is used only by persons and only 

for purposes consistent with the requirements of this rule part.

    (c) Participants in the sharing arrangement may obtain a license for 

their own mobile units (including control points and/or control stations 

for control of the shared facility), or they may use mobile stations, 

and control stations or control points authorized to the licensee.

    (d) If the licensee shares the land station on a non-profit, cost 

shared basis to the licensee, this shared use must be pursuant to a 

written agreement between the licensee and each participant which sets 

out (1) the method of operation, (2) the components of the system which 

are covered by the sharing arrangements, (3) the method by which costs 

are to be apportioned, and (4) acknowledgement that all shared 

transmitter use must be subject to the licensee's control. These 

agreements must be kept as part of the station records.

    (e) If the land station which is being shared is interconnected with 

the public switched telephone network, the provisions of Sec.  90.477 et 

seq. apply.

    (f) Above 800 MHz, shared use on a for-profit private carrier basis 

is permitted only by SMR, Private Carrier Paging, LMS, and DSRCS 

licensees. See subparts M, P, and S of this part.

    (g) Notwithstanding paragraph (a) of this section, licensees 

authorized to operate radio systems on Public Safety Pool frequencies 

designated in Sec.  90.20 may share their facilities with Federal 

Government entities on a non-profit, cost-shared basis. Such a sharing 

arrangement is subject to the provisions of paragraphs (b), (d), and (e) 

of this section. State governments authorized to operate radio systems 

under Sec.  90.529 may share the use of their systems (for public safety 

services not made commercially available to the public) with any entity 

that would be eligible for licensing under Sec.  90.523 and Federal 

government entities.

    (h) Notwithstanding paragraph (a) of this section, licensees 

authorized to operate radio systems on Industrial/Business Pool 

frequencies designated in Sec.  90.35 may share their facilities with 

Public Safety Pool entities designated in Sec.  90.20 and with Federal 

Government entities on a non-profit, cost-shared basis. Such a sharing 

arrangement is subject to the provisions of paragraphs (b), (d), and (e) 

of this section.

    (i) The provisions of this section do not apply to licensees 

authorized to provide commercial mobile radio service under this part, 

including licensees authorized to use channels transferred or assigned 

pursuant to Sec.  90.621(e)(2).

    (j) On the Interoperability Channels in the 700 MHz Public Safety 

Band (See 90.531(b)(1)), hand-held and vehicular units operated by any 

licensee holding a license in the 700 MHz Public Safety Band or by any 

licensee for any public safety frequency pursuant to part 90 of the 

Commission's rules may communicate with or through land stations without 

further authorization and without a sharing agreement.



[48 FR 26620, June 9, 1983, as amended at 51 FR 36014, Oct. 8, 1986; 53 

FR 12156, Apr. 13, 1988; 54 FR 4030, Jan. 27, 1989; 54 FR 38681, Sept. 

20, 1989; 57 FR 48739, Oct. 28, 1992; 59 FR 59965, Nov. 21, 1994; 60 FR 

15252, Mar. 23, 1995; 65 FR 60875, Oct. 13, 2000; 65 FR 66654, Nov. 7, 

2000; 66 FR 55, Jan. 2, 2001; 66 FR 10635, Feb. 16, 2001; 66 FR 21287, 

Apr. 30, 2001; 69 FR 46443, Aug. 3, 2004]