Here is when this all changed. This is why you're seeing a lot of school districts and boards of education setting up on public safety frequencies (this is also where they started allowing municipal golf courses and such to occupy public safety frequencies for their routine operations). Please note that R&Os often augment the Rules and Regulations, and provide background and intent. This is why you don't overtly see it or get the whole story when you just look at the Rules and Regulations. It's tricky that way.
Source
FCC 02-139:
• Public Safety Pool eligibility: We adopt our proposal to eliminate the eligibility
restriction on school and park operations in the Public Safety Pool under Section 90.20 of
our Rules.[7] We also eliminate the restriction prohibiting State highway maintenance
systems from operating on certain Public Safety Pool channels.
V. SECOND REPORT AND ORDER
A. Public Safety Pool: schools and parks eligibility
50.
Background. The Commission’s Rules currently exclude school districts and authorities and
park districts and authorities from holding licenses in the Public Safety Pool to operate radio stations for
the transmission of communications essential to their official activities.[179] In the Further Notice, the
Commission proposed to eliminate this restriction, stating that it believed that sufficient frequencies had
become available in the Public Safety Pool to accommodate schools and parks.[180] In addition, noting that
school districts and authorities may obtain licenses in the Industrial/Business Pool and that adoption of
this proposal would allow them to be licensed in the Public Safety Pool, the Commission proposed to
eliminate school district and authorities eligibility from the Industrial/Business Pool.[181]
51.
Discussion. We agree with the majority of commenters that adoption of our proposal to
eliminate eligibility restrictions on schools and parks in the Public Safety Pool is warranted.[182] Although
APCO recommends that the Commission maintain these restrictions until additional spectrum is made
available,[183] we believe that such concerns are outweighed by the public interest benefits obtained by
simplifying eligibility requirements and facilitating interoperable communications between school or park
personnel and other public safety entities, especially during disasters and emergencies.[184] In addition, our
decision here will help streamline the licensing process, as park districts and authorities will no longer be
required to file a request for waiver in order to obtain a license for essential communications needs.[185]
Despite our conclusion that sufficient frequencies have become available in the Public Safety Pool to
accommodate schools and parks, we acknowledge APCO’s concerns regarding spectrum scarcity in the
Public Safety Pool.[186] Still, in light of the important public interest benefits mentioned above, we will amend
Section 90.20 of the Commission’s Rules accordingly[187] and make conforming changes to Section
90.242.[188]
52. Regarding the removal of school eligibility from the Industrial/Business Pool, the majority of
commenters do not believe that existing Industrial/Business Pool school operations should be required to
relocate to the Public Safety Pool.[189] In this connection, we want to ensure that our decision does not
result in any unintended adverse public safety consequences. As pointed out by College Station
Independent School District, the costs of being forced to relocate from the Industrial/Business Pool to the
Public Safety Pool could be substantial.[190] While grandfathering existing school operations in the
Industrial/Business Pool would appear to alleviate this concern, prohibiting new applicants from holding
authorizations in the Industrial/Business Pool could have an unintended adverse impact on school
eligibility for frequencies above 800 MHz.[191] Because the record is not developed as to the impact such a
change could have to existing school operations in the 800 and 900 MHz bands, particularly as to school
operations in the 900 MHz band where there is no Public Safety category, we will not delete school
district and authority eligibility from the Industrial/Business Pool.[192] Finally, pending applications,
including waiver requests filed by Park districts and authorities, will be subject to the rule changes
adopted in this
Second Report and Order.[193]