Sec.  101.135   Shared use of radio stations and the offering of private carrier
service.

   Licensees  of Private Operational Fixed Point-to-Point Microwave radio
   stations may share the use of their facilities on a non-profit basis or may
   offer  service  on  a for-profit private carrier basis, subject to the
   following conditions and limitations:

   (a) Persons or governmental entities licensed to operate radio systems
   pursuant to subpart H of this part on any of the private radio frequencies
   set out in  Sec. 101.101 may share such systems with, or provide private carrier
   service to, any eligible entity for licensing under this part, regardless of
   individual eligibility restrictions, provided that the communications being
   carried are permissible under  Sec. 101.603.

   (b) The licensee must maintain access to and control over all facilities
   authorized under its license;

   (c) All sharing and private carrier arrangements must be conducted pursuant
   to a written agreement to be kept as part of the station records; and

   (d) The licensee must keep an up-to-date list of system sharers and private
   carrier subscribers and the basis of their eligibility under this part. Such
   records must be kept current and must be made available upon request for
   inspection by the Commission.

   (e) Applicants licensed in the MAS frequencies after June 2, 2000, shall not
   provide service to others on a for-profit private carrier basis in the
   928–928.85/952–952.85/956.25–956.45      MHz     bands     and     the
   932.25–932.5/941.25–941.5 MHz bands.

   [ 61 FR 26677 , May 28, 1996, as amended at  65 FR 17449 , Apr. 3, 2000;  65 FR 38330 , June 20, 2000;  66 FR 35110 , July 3, 2001;  68 FR 4958 , Jan. 31, 2003]