Regarding the interference issues and these UHF/VHF interoperability frequencies, the use of those frequencies must be compliant with FCC limitations (80) (…this frequency is available primarily for public safety interoperability only communications…) and limitation (27) (narrow band emission only). An eligible entity must have a license to operate a base or control station on these channels. Public safety licensees who are eligible to hold a Part 90 license, or who are otherwise licensed under Part 90, can operate mobile units on these channels without an individual license. The Third MO&O states, "Prior to January 1, 2005, interoperability use will be permitted only on a secondary basis to existing users; that is, interoperability transmissions can be made only when the channel is clear and on a non-interference basis." Particularly related to use as base or control stations licensed on these channels, the FCC will license interoperability use on these channels, the FCC anticipates a condition on any such license making interoperability communications secondary to the existing licensees until January 1, 2005. Incumbent operations licensed and operating on these frequencies prior to December 7, 2000 in non-interoperability manners are consider to be co-primary until January 1, 2005 at which time they will become secondary to any interoperability operations.
