Sec. 22.323  Incidental communication services.

    Carriers authorized to operate stations in the Public Mobile radio 
services may use these stations to provide

[[Page 130]]

other communications services incidental to the primary public mobile 
service for which the authorizations were issued, provided that:
    (a) The costs and charges of subscribers who do not wish to use 
incidental services are not increased as a result of provision of 
incidental services to other subscribers;
    (b) The quality of the primary public mobile service does not 
materially deteriorate as a result of provision of incidental services, 
and neither growth nor availability of the primary public mobile service 
is significantly diminished as a result of provision of incidental 
services;
    (c) The provision of the incidental services is not inconsistent 
with the Communications Act of 1934, as amended, or with FCC rules and 
policies; and
    (d) The licensee notifies the FCC by letter before providing the 
incidental services. This notification must include a complete 
description of the incidental services.