§ 90.421   Operation of mobile station units not under the control of the
licensee.

   Mobile  stations,  as  defined in § 90.7, include vehicular-mounted and
   hand-held  units. Such units may be operated by persons other than the
   licensee, as provided for below, when necessary for the licensee to meet its
   requirements in connection with the activities for which it is licensed. If
   the number of such units, together with units operated by the licensee,
   exceeds the number of mobile units authorized to the licensee, license
   modification is required. The licensee is responsible for taking necessary
   precautions to prevent unauthorized operation of such units not under its
   control.

   (a) Public Safety Pool. (1) Mobile units licensed in the Public Safety Pool
   may  be  installed  in any vehicle which in an emergency would require
   cooperation and coordination with the licensee, and in any vehicle used in
   the performance, under contract, of official activities of the licensee.
   This  provision  does  not  permit  the installation of radio units in
   non-emergency vehicles that are not performing governmental functions under
   contract but with which the licensee might wish to communicate.

   (2) Mobile units licensed under § 90.20(a)(2)(iii) may be installed in a
   vehicle or be hand-carried for use by any person with whom cooperation or
   coordinations is required for medical services activities.

   (3) On the Interoperability Channels in the 700 MHz Public Safety Band (See
   § 90.531(b)(1)), hand-held and vehicular transmitters may be operated by any
   licensee holding a license in the 700 MHz Public Safety Band or by any
   licensee holding a license for any other public safety frequency pursuant to
   part 90 of the Commission's rules. Therefore, individual licenses are not
   required for hand-held and vehicular transmitters in the 700 MHz Band.

   (b)   Industrial/Business   Pool.   Mobile   units   licensed  in  the
   Industrial/Business Pool may be installed in vehicles of persons furnishing
   under contract to the licensee and for the duration of the contract, a
   facility or service directly related to the activities of the licensee.

   (c)  In addition to the requirements in paragraphs (a) and (b) of this
   section, frequencies assigned to licensees in the Private Land Mobile Radio
   Services may be installed in the facilities of those who assist the licensee
   in emergencies and with whom the licensee must communicate in situations
   involving imminent safety to life or property.

   [ 65 FR 60877 , Oct. 13, 2000, as amended at  66 FR 10635 , Feb. 16, 2001]

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