§ 90.421   Operation of mobile station units not under the control of the
licensee.

   Mobile stations, as defined in § 90.7, include vehicular-mounted and
   hand-held units. Such units may be operated by persons other than the
   licensee, as provided for below, when necessary for the licensee to
   meet its requirements in connection with the activities for which it is
   licensed. If the number of such units, together with units operated by
   the licensee, exceeds the number of mobile units authorized to the
   licensee, license modification is required. The licensee is responsible
   for taking necessary precautions to prevent unauthorized operation of
   such units not under its control.

   (a) Public Safety Pool. (1) Mobile units licensed in the Public Safety
   Pool may be installed in any vehicle which in an emergency would
   require cooperation and coordination with the licensee, and in any
   vehicle used in the performance, under contract, of official activities
   of the licensee. This provision does not permit the installation of
   radio units in non-emergency vehicles that are not performing
   governmental functions under contract but with which the licensee might
   wish to communicate.

   (2) Mobile units licensed under § 90.20(a)(2)(iii) may be installed in a
   vehicle or be hand-carried for use by any person with whom cooperation
   or coordinations is required for medical services activities.

   (3) On the Interoperability Channels in the 700 MHz Public Safety Band
   (See § 90.531(b)(1)), hand-held and vehicular transmitters may be
   operated by any licensee holding a license in the 700 MHz Public Safety
   Band or by any licensee holding a license for any other public safety
   frequency pursuant to part 90 of the Commission's rules. Therefore,
   individual licenses are not required for hand-held and vehicular
   transmitters in the 700 MHz Band.

   (b) Industrial/Business Pool. Mobile units licensed in the
   Industrial/Business Pool may be installed in vehicles of persons
   furnishing under contract to the licensee and for the duration of the
   contract, a facility or service directly related to the activities of
   the licensee.

   (c) In addition to the requirements in paragraphs (a) and (b) of this
   section, frequencies assigned to licensees in the Private Land Mobile
   Radio Services may be installed in the facilities of those who assist
   the licensee in emergencies and with whom the licensee must communicate
   in situations involving imminent safety to life or property.

   [ 65 FR 60877 , Oct. 13, 2000, as amended at  66 FR 10635 , Feb. 16, 2001]

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