§ 90.179   Shared use of radio stations.

   Licensees of radio stations authorized under this rule part may share the
   use of their facilities. A station is shared when persons not licensed for
   the station control the station for their own purposes pursuant to the
   licensee's authorization. Shared use of a radio station may be either on a
   non-profit cost shared basis or on a for-profit private carrier basis.
   Shared use of an authorized station is subject to the following conditions
   and limitations:

   (a) Persons may share a radio station only on frequencies for which they
   would be eligible for a separate authorization.

   (b) The licensee of the shared radio station is responsible for assuring
   that the authorized facility is used only by persons and only for purposes
   consistent with the requirements of this rule part.

   (c) Participants in the sharing arrangement may obtain a license for their
   own mobile units (including control points and/or control stations for
   control  of the shared facility), or they may use mobile stations, and
   control stations or control points authorized to the licensee.

   (d) If the licensee shares the land station on a non-profit, cost shared
   basis  to  the licensee, this shared use must be pursuant to a written
   agreement between the licensee and each participant which sets out (1) the
   method of operation, (2) the components of the system which are covered by
   the  sharing  arrangements,  (3)  the  method by which costs are to be
   apportioned, and (4) acknowledgement that all shared transmitter use must be
   subject to the licensee's control. These agreements must be kept as part of
   the station records.

   (e) If the land station which is being shared is interconnected with the
   public switched telephone network, the provisions of § 90.477 et seq. apply.

   (f) Above 800 MHz, shared use on a for-profit private carrier basis is
   permitted only by SMR, Private Carrier Paging, LMS, and DSRCS licensees. See
   subparts M, P, and S of this part.

   (g) Notwithstanding paragraph (a) of this section, licensees authorized to
   operate radio systems on Public Safety Pool frequencies designated in § 90.20
   may share their facilities with Federal Government entities on a non-profit,
   cost-shared basis. Such a sharing arrangement is subject to the provisions
   of paragraphs (b), (d), and (e) of this section, and § 2.103(c) of this
   chapter concerning operations in the 758-769 MHz and 788-799 MHz bands.
   State governments authorized to operate radio systems under § 90.529 may
   share  the  use  of their systems (for public safety services not made
   commercially available to the public) with any entity that would be eligible
   for licensing under § 90.523 and Federal government entities.

   (h) Notwithstanding paragraph (a) of this section, licensees authorized to
   operate radio systems on Industrial/Business Pool frequencies designated in
   § 90.35  may  share  their  facilities with Public Safety Pool entities
   designated in § 90.20 and with Federal Government entities on a non-profit,
   cost-shared basis. Such a sharing arrangement is subject to the provisions
   of paragraphs (b), (d), and (e) of this section.

   (i) The provisions of this section do not apply to licensees authorized to
   provide commercial mobile radio service under this part, including licensees
   authorized  to  use  channels  transferred  or  assigned  pursuant  to
   § 90.621(e)(2).

   (j) On the Interoperability Channels in the 700 MHz Public Safety Band (See
   90.531(b)(1)),  hand-held and vehicular units operated by any licensee
   holding a license in the 700 MHz Public Safety Band or by any licensee for
   any public safety frequency pursuant to part 90 of the Commission's rules
   may communicate with or through land stations without further authorization
   and without a sharing agreement.

   [ 48 FR 26620 , June 9, 1983]

   Editorial Note: For Federal Register citations affecting § 90.179, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and at www.fdsys.gov.

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