§  101.135   Shared use of radio stations and the offering of private carrier
service.

   Licensees of Private Operational Fixed Point-to-Point Microwave radio
   stations may share the use of their facilities on a non-profit basis or
   may offer service on a for-profit private carrier basis, subject to the
   following conditions and limitations:

   (a) Persons or governmental entities licensed to operate radio systems
   pursuant to subpart H of this part on any of the private radio
   frequencies set out in § 101.101 may share such systems with, or provide
   private carrier service to, any eligible entity for licensing under
   this part, regardless of individual eligibility restrictions, provided
   that the communications being carried are permissible under § 101.603.

   (b) The licensee must maintain access to and control over all
   facilities authorized under its license;

   (c) All sharing and private carrier arrangements must be conducted
   pursuant to a written agreement to be kept as part of the station
   records; and

   (d) The licensee must keep an up-to-date list of system sharers and
   private carrier subscribers and the basis of their eligibility under
   this part. Such records must be kept current and must be made available
   upon request for inspection by the Commission.

   (e) Applicants licensed in the MAS frequencies after June 2, 2000,
   shall not provide service to others on a for-profit private carrier
   basis in the 928–928.85/952–952.85/956.25–956.45 MHz bands and the
   932.25–932.5/941.25–941.5 MHz bands.

   [ 61 FR 26677 , May 28, 1996, as amended at  65 FR 17449 , Apr. 3, 2000;  65 FR 38330 , June 20, 2000;  66 FR 35110 , July 3, 2001;  68 FR 4958 , Jan.
   31, 2003]