§ 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-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 § 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 § 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, and § 2.103(c) of this chapter concerning operations in the
   758-769 MHz and 788-799 MHz bands. State governments authorized to
   operate radio systems under § 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
   § 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 § 90.35 may share their facilities with Public Safety Pool
   entities designated in § 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 § 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]

   Editorial Note: For Federal Register citations affecting § 90.179, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and at www.fdsys.gov.

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