Sec. 90.419  Points of communication.

    Normally, operations licensed under this part are intended to 
provide intrastation mobile communications. For example, a base station 
is intended to communicate with its associated mobile stations and 
mobile stations are intended to communicate between associated mobile 
stations and associated base stations of the licensee. Accordingly, 
operations between base stations at fixed locations are permitted only 
in the following situations:
    (a) Base stations licensed under subpart T of this part and those in 
the Public Safety Pool that operate on frequencies below 450 MHz, may 
communicate on a secondary basis with other base stations, operational 
fixed stations, or fixed receivers authorized in these services or 
pools.
    (b) Base stations licensed on any frequency in the Industrial/
Business Pool and on base stations frequencies above 450 MHz in the 
Public Safety Pool may communicate on a secondary basis with other base 
stations, operational fixed stations, or fixed receivers authorized in 
these pools only when:
    (1) The messages to be transmitted are of immediate importance to 
mobile stations; or
    (2) Wireline communications facilities between such points are 
inoperative, economically impracticable, or unavailable from 
communications common carrier sources. Temporary unavailability due to a 
busy wireline circuit is not considered to be within the provisions of 
this paragraph.
    (c) Operational fixed stations may communicate with units of 
associated mobile stations only on a secondary basis.
    (d) Operational fixed stations licensed in the Industrial/Business 
Pool may communicate on a secondary basis with associated base stations 
licensed in these services when:
    (1) The messages to be transmitted are of immediate importance to 
mobile stations; or
    (2) Wireline communications facilities between such points are 
inoperative, economically impracticable, or unavailable from 
communications common carrier sources. Temporary unavailability due to a 
busy wireline circuit is not considered to be within the provisions of 
this paragraph.
    (e) Travelers' Information Stations are authorized to transmit 
certain information to members of the traveling public (see 
Sec. 90.242).
    (f) CMRS Licensees in the SMR categories of part 90, subpart S, CMRS 
providers authorized in the 220 MHz service of part 90, subpart T, CMRS 
paging operations as defined by part 90, subpart P and for-profit 
interconnected business radio services with eligibility defined by 
section 90.75 are permitted to utilize their assigned spectrum for fixed 
services on a co-primary basis with their mobile operations.
[ 61 FR 45356 , Aug. 29, 1996, as amended at  62 FR 18933 , Apr. 17, 1997]

    Effective Date Note: At  62 FR 18933 , Apr. 17, 1997, Sec. 90.419 was 
amended by revising paragraph (a) and the introductory text of 
paragraphs (b) and (d), effective Oct. 17, 1997.

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