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;

   (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]