§  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 § 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]