Personal Radio Service Reform

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 15, 73, and 95

[WT Docket Nos. 10-119; RM-10762, RM-10844; FCC 17-57]

Personal Radio Service Reform

AGENCY:

Federal Communications Commission.

ACTION:

Final rule.

SUMMARY:

The Federal Communications Commission (Commission) adopted a comprehensive reorganization of and update to the rules governing the Personal Radio Services (PRS). PRS provides for a wide variety of wireless devices that are used by the general public for personal communication uses, which include applications like walkie-talkies, radio controlled model toys, Personal Locator Beacons (PLBs), medical implant devices and other uses. In addition to the comprehensive review and update of the rules to reflect modern practices, the Commission enhanced the General Mobile Radio Service (GMRS) to allow new digital applications, allot additional interstitial channels and extend the license term from five to ten years. It also allotted additional channels to the Family Radio Service (FRS) and increased the power on certain FRS channels from 0.5 Watts to two Watts. It also updated the CB Radio Service to allow hands-free headsets, removed a restriction on communicating over long distances and removed other outdated requirements. These changes and others outlined below will update PRS rules to be more in line with current public demands for the services and will make the rules easier to read and find information, while also removing outdated requirements and removing unnecessary rules.

DATES:

Effective September 28, 2017. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of September 28, 2017.

FOR FURTHER INFORMATION CONTACT:

Thomas Derenge (technical), (202) 418-2451 or Scot Stone (legal), (202) 418-0638, regarding the Report and Order in WT Docket 10-119. Both contact persons are in the Mobility Division, Wireless Telecommunications Bureau, and may also be contacted at (202) 418-7233 (TTY).

SUPPLEMENTARY INFORMATION:

This is a summary of the Commission's

Report and Order

in the part 95 Reform proceeding (

part 95 R&O

), WT Docket No. 10-119, RM Nos. 10762 and 10844, FCC 17-57, adopted May 18, 2017 and released May 19, 2017. The full text of the

part 95 R&O,

including the Appendix, is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW., Room CY-A157, Washington, DC 20554, or by downloading the text from the Commission's Web site at

https://apps.fcc.gov/edocs_public/attachmatch/DOC-344617A1.pdf.

Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to

FCC504@fcc.gov

or calling the Consumer and Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

The

Report and Order,

in deleting two of the FCC's rules (47 CFR 95.671 and 95.673), stated that such action would not become effective until after the

Federal Register

publication of the date that the Office of Management and Budget (OMB) approved the resulting modification of the information collections under the Paperwork Reduction Act (PRA) and effective date of such modification. Because subsequent review and consultation with OMB has revealed that there is no existing clearance that will be modified by the deletion of these two rules, OMB review is not necessary. Thus, the same effective date applies to all of the rules in the

Report and Order

.

Therefore, the effective date for the removal of 47 CFR 95.671 and 95.673 is the same as the other rule changes adopted in the action.

The

Report and Order

moves four provisions that incorporate by reference standards for certain part 95 devices to new rule sections. The Director of the Federal Register previously approved the incorporation by reference (IBR) of these standards and has approved moving these standards IBR to new rule sections.

Specifically, the incorporation by reference of International Telecommunication Union (ITU) Recommendation ITU-R M.1459, “Protection criteria for telemetry systems in the aeronautical mobile service and mitigation techniques to facilitate sharing with geostationary broadcasting-satellite and mobile-satellite services in the frequency bands 1 452-1 525 and 2 310-2 360 MHz,” May 2000, formerly contained in old section § 95.1223(c)(2) is now set forth in new section § 95.2509(e)(2); the IBR of Radio Technical for Maritime (RTCM) Service standard RTCM 11010.2, “RTCM Standard 11010.2 for 406 MHz Satellite Personal Locator Beacons (PLBs),” with Amendment 1, and with Amendment 2, dated June 8, 2012 (RTCM 11010) formerly contained in old rule section § 95.1402(a) is now set forth in new rule section § 95.2989(b); the IBR of RTCM standard RTCM 11901.1, “Maritime Survivor Locating Devices (MSLD),” dated June 4, 2012, formerly contained in old rule section § 95.1403(b) is now set forth in new rule section § 95.2989(c); and the IBR standard of American Society for Testing and Materials (ASTM) standard E2213-03, Standard Specification for Telecommunications and Information Exchange Between Roadside and Vehicle Systems—5 GHz Band Dedicated Short Range Communications (DSRC) Medium Access Control (MAC) and Physical Layer (PHY) Specifications published in 2003, formerly contained in old rule section § 95.1509 is now set forth in new rule section § 95.3189(a).

The effective language of each IBR, including the IBR approval from the Director of the Federal Register, remains the same, as well as information on how to obtain copies of the standards. Further, the documents are available for inspection at Commission headquarters at 445 12th Street SW., Washington, DC 20554. Synopsis

I. Report and Order (Part 95 Reform Proceeding, WT Docket No. 10-119)

A. Overall Reorganization of Part 95

1. In the

part 95 R&O,

the Commission used an organizational structure somewhat different than what it had proposed in recognition that some services were so unique, their technical rules could not easily be integrated into a technical subpart. Consequently, the

part 95 R&O

eliminated duplication by consolidating identical or essentially similar administrative rules that apply broadly to all or most of the Personal Radio Services into Subpart A, as proposed; and consolidated similar or identical technical rules that apply broadly to all or most of the Personal Radio Services into Subpart A instead of into a new Subpart B. Additionally, all the rules are written in a consistent plain language format and the “Question and Answer” format is removed.

2. To reduce confusion, the new rules will not use the same numbers as the prior rules and even numbers will not be used to allow room for insertion of new rules in the future if needed. The new arrangement of subparts, as compared to the existing arrangement, is as follows:

Subpart

Old topic

Old rules

New topic

New rules

A

General Mobile Radio Service (GMRS)

1-183

Personal Radio Services

300-399

B

Family Radio Service (FRS)

191-194

Family Radio Service (FRS)

500-599

C

Radio Control (R/C) Radio Service

201-225

Radio Control Radio Service (RCRS)

700-799

D

Citizens Band (CB) Radio Service

401-428

CB Radio Service

900-999

E

Technical Regulations

601-673

General Mobile Radio Service (GMRS)

1700-1799

F

218-219 MHz Service

801-861

218-219 MHz Service

1900-1999

G

Low Power Radio Service (LPRS)

1001-1019

Low Power Radio Service (LPRS)

2100-2199

H

Wireless Medical Telemetry Service (WMTS)

1101-1129

Wireless Medical Telemetry Service (WMTS)

2300-2399

I

Medical Device Radiocommunication Service (MedRadio)

1201-1225

Medical Device Radiocommunication Service (MedRadio)

2500-2599

J

Multi-Use Radio Service (MURS)

1301-1317

Multi-Use Radio Service (MURS)

2700-2799

K

Personal Locator Beacons (PLB)

1400-1402

Personal Locator Beacons (PLBs)

2900-2999

L

Dedicated Short Range Communications Service On-Board Units (DSRCS-OBUs)

1501-1511

DSRCS On-Board Units (OBUs)

3100-3199

3. Additionally, in order to make it easier to find information, the new rules are arranged in each subpart using, to the extent possible, a common template as follows:

Administrative rules

Operating rules

Technical rules

Marketing rules

1 scope

31 permissible uses

61 equipment certification

91 marketing limitations

3 definitions

33 prohibited uses

63 frequencies, channels

93 labeling

5 authority to operate

35 use of certified equip

65 frequency accuracy

95 disclosures

7 station locations

37 modified equipment

67 transmitting power limits

9 coordination procedures

39 external equipment

69 field strength limits

11 FCC correspondence

41 antenna height limit

71 emission types

13 violations, penalties

43 operator responsibility

73 emission bandwidths

15

reserved

45 remote control

75 modulation limits

17 antenna registration

47 automatic control

77 tones and signals

19 station maintenance

49 network connection

79 unwanted emissions

21

reserved

51 station identification

81 voice obscuring features

23 station inspection

53 false communications

83

reserved

25 interference

55

reserved

85 RF exposure

27 restricted operation

57 duration of transmissions

87 additional requirements

29 how to contact FCC

59 channel sharing

89 industry technical standard

4.

Technical Issues.

The

Notice of Proposed Rulemaking

released June 7, 2010 in the part 95 Reform Proceeding (

Notice of Proposed Rule Making and Memorandum Opinion and Order on Reconsideration,

WT Docket No. 10-119, 25 FCC Rcd 7651) (

part 95 NPRM

), proposed several technical changes to the part 95 rules such as to establish channel numbers across the PRS; to use consistent and up-to-date technical units of measure for frequency tolerance, power limits, and unwanted emissions for all PRS; and to conform and clarify the rules pertaining to voice obscuring in PRS devices. The

part 95 R&O

declined to establish channel numbers across part 95 because the record did not support the change. Similarly, the

part 95 R&O

did not find sufficient justification to change any particular power limit (with exception of increased power for certain Family Radio Service (FRS) channels as discussed below). The

part 95 R&O

did update frequency tolerance and stability requirements to express the limits in terms of parts per million and removed the requirement that transmitters use crystal control to keep frequencies stable in recognition that technologic advancements made the requirement unnecessary. Further, the Commission concluded that voice obscuring features are not appropriate for part 95 services. Specifically, the Commission stated that voice obscuring features on services like General Mobile Radio Service (GMRS) and FRS undermine the “listen-before-talk” etiquette used in these services, prevents self-policing by other device users and hinders communications during emergency calls, without providing true security against eavesdropping. Therefore, part 95 devices that include voice obscuring features will not receive equipment authorization 90 days after the effective date of the rules prohibiting these devices, and the rule also prohibits the manufacture, import, sell or offer for sale of non-compliant devices two years after the effective date of the rule. The Commission did not prohibit the continued use of existing radios with voice-obscuring features to minimize the burden of this rule on consumers, but it suggests that operators refrain from using such features, and advises them not to rely upon such features for security in communicating private information.

B. GMRS

5. GMRS is a long standing service in part 95 with a regulatory structure grounded in the assumption that GMRS systems are designed like traditional land mobile systems,

i.e.,

comprised of handheld portable units, mobile stations, base stations, and repeaters. However, rather than obtaining exclusive authorization for specific channels at specific locations, GMRS users had to obtain an individual license valid for five years, which allowed them to share the GMRS channels with other GMRS licensees. GMRS is allotted sixteen 25 kilohertz main channels (eight main channels in the 462 MHz band and eight main channels in the 467 MHz band). Between (and partially overlapping) the 462 MHz main GMRS channels are seven interstitial channels designated for GMRS use (25 kilohertz bandwidth). The Family Radio Service (FRS) is allotted 14 interstitial channels (12.5 kilohertz bandwidth and only 0.5 Watts power) between (and partially

overlapping) the GMRS main channels in the 462 MHz and 467 MHz bands.

6.

GMRS licensing issues.

Given that many part 95 services are “licensed-by-rule” and use low powered devices without the need for an individual license, the

part 95 NPRM

explored whether the Commission should continue to license GMRS, permit higher powered land mobile operations, or change the structure of the types of devices used under GMRS. Most commenters oppose eliminating the GMRS licensing requirement due to concerns that it would result in a decline in the operating etiquette that is essential to successful channel sharing or due to the unique flexibility that GMRS allows licensees to operate higher powered land mobile systems. Therefore, the

part 95 R&O

maintained the individual licensing requirement for all GMRS stations. However, as addressed below in the discussion of issues pertaining to the FRS, the

part 95 R&O

revised the rules to reclassify many GMRS/FRS hand-held combination radios as FRS units that do not require an individual license. Further, to reduce the administrative burden on GMRS licensees and FCC staff, the GMRS license term was changed from five to ten years, which will also reduce the cost because only one application fee is needed every ten years instead of two.

7.

GMRS data applications.

The

part 95 R&O

granted a Petition for Rulemaking filed by Garmin which would allow GMRS handheld portable devices to transmit digital data messages. These messages will be limited to location information, requests for location information from other units, and brief text messages to another specific unit; must be initiated by a manual action or command of a user, except that a unit receiving a location request from another unit may automatically respond with its location; must not exceed one second in duration; and must not be sent more frequently than one digital data transmission within any thirty-second period, excluding automatic responses to location requests. Moreover, GMRS transmitters capable of digital data transmissions: Must have integrated (

i.e.,

non-detachable) antennas; and may make digital data transmissions only on the 462 MHz GMRS channels and the new 467 MHz interstitial GMRS channels shared with the FRS. In addition, the

part 95 R&O

limited the occupied emission bandwidth of digital data transmissions to 12.5 kilohertz on the 462 MHz and 467 MHz interstitial channels, but allow up to 20 kHz on the 462 MHz main GMRS channels to be consistent with other GMRS emissions that may be using those channels. The Commission concluded the benefits of these new digital message capabilities outweighed the risk of increased interference or congestion in the GMRS. Further, the decision not to permit detachable antennas for GMRS portable units is based upon a concern that an in-line amplifier from a detachable antenna port could allow 467 MHz interstitial operations greatly exceeding the 0.5 Watt power limit and could interfere with repeater operations.

8. The

part 95 R&O

also declined suggestions from recent comments to expand the scope of these data applications to allow them on devices with detachable antennas and on all GMRS channels and to change the duty cycle or response parameters of the data applications (

e.g.,

automatic or periodic data response). Similarly, the Commission declined to expand GMRS capabilities to authorize digital voice modulation techniques, such as time division multiple access (TDMA) (

i.e.,

7K60FXE 2‐slot DMR TDMA). For similar reasons, it declined to allow GMRS licensees to use equipment certified under part 90 Land Mobile Radio Service rules unless it is also certified for part 95. The Commission declined to create an exclusion for GMRS and FRS devices to communicate with similar devices in Canada due to lack of a complete record. The Commission also declined to change or clarify the rules regarding network connections in the GMRS rules. Finally, the Commission declined to delete the GMRS prohibition on messages that are both conveyed by a wireline control link and transmitted by a GMRS station. In each of these instances, the late filed comments generated insufficient record to make a determination on the requests and evaluate the impact of the requests if allowed. For example, comments addressing digital voice on GMRS are split; some parties suggesting it should be allowed outright, one party suggesting it could be migrated in on a secondary basis, one suggesting new channels be made available for digital voice that avoid existing analog channels, and another suggesting that certain GMRS channels be set aside for “digital only” or “digital primary.” The Commission determined there is insufficient record to determine the impact of a variety of new digital voice operations on the “listen before talk” etiquette, self-policing, and emergency calls that occur on these shared channels. Further, regarding the use of part 90 equipment that is not also certified under part 95, the

part 95 R&O

noted that many part 90 certified radios have no technical similarity to GMRS, so such a broad exemption to the Commission's standard practice of requiring a part 95 equipment authorization would lead to unknown consequences on the service.

9. Further, the

part 95 R&O

did not change the power limits on GMRS as it had explored in the

part 95 NPRM

because commenters did not support the change and because the licensing requirement for GMRS was maintained. Similarly, the

part 95 R&O

did not implement any narrowbanding of GMRS 25 kHz channels because the interstitial channels are already in use by FRS and any benefit of such narrowbanding would be outweighed by the cost of licensees having to obtain new equipment. The Commission deleted section 95.29(g), which pertains to certain GMRS systems authorized before March 18, 1968 because the rule is obsolete. Additionally, the Commission removed reference to “small” base and control stations and related provision from the GMRS rules because these stations are a remnant of the former site-by-site GMRS licensing regime which is no longer in place.

C. FRS

10.

FRS Combination Radios.

The

part 95 R&O

explained that most FRS radios sold today are relatively inexpensive combination GMRS/FRS radios that have the capability to transmit on twenty-two channels (the seven shared GMRS/FRS channels between the GMRS 462 MHz channels, the seven FRS channels between the GMRS 467 MHz channels, and the eight GMRS 462 MHz channels) with an ERP of two Watts on the GMRS channels and 0.5 Watts on the FRS channels. However, the record indicates that the vast majority of people who use these radios do not obtain a GMRS license. To address the public demand for longer range FRS devices and to resolve the issue of noncompliance with the GMRS licensing obligation, the Commission essentially reclassified these FRS/GMRS combination radios as FRS only, if they meet certain technical requirements. Specifically, to accommodate these radios in FRS, the Commission increased the maximum authorized radiated power limit for FRS channels 1-7 from 0.5 Watts to two Watts, and allotted the GMRS 462 MHz main channels to be shared with FRS with a two watt power limit. The new channels will be numbered FRS channels 15 through 22. In addition, the Commission allotted FRS channels 8 through 14 (the interstitial channels between the GMRS 467 MHz channels, which formerly were designated exclusively for FRS) to

GMRS for use on a shared basis with FRS. These channels will be available to GMRS operators under the same technical limits that currently apply to FRS. The Commission retained the five Watts ERP limit for GMRS operation on the 462 MHz interstitial channels. Consequently, all FRS frequencies will now be shared with GMRS, while the eight GMRS 467 MHz main channels (repeater input channels) will remain exclusively GMRS. In other words, existing GMRS/FRS combination radios already in operation will be reclassified as FRS if the power is less than two Watts ERP and they do not use the 467 MHz main channels, so no individual license will be is required. Otherwise, devices not meeting these requirements will be classified as GMRS where an individual license is required. The Commission stated that the two watt limit for FRS is appropriate because many of the existing combination GMRS/FRS radios already operate under that level with no significant complaints about interference or other problems, and it provides a reasonable balance between the desire for increased range over the prior FRS power levels and battery life. Further, the two watt limit is the power used for part 95 MURS devices which are also licensed by rule, both MURS and FRS facilitate various applications (

e.g.,

voice and data) for the general public in the VHF frequency range with comparable spectral environments, and use of this power limit has worked safely and appropriately in this analogous service.

11. To prevent the creep of FRS combination radios into other licensed services, the

part 95 R&O

adopted a rule forbidding the certification of FRS devices that incorporate GMRS capabilities, as well as other services, other than part 15 unlicensed applications. Operation of FRS units is licensed by rule and they are marketed to and intended to be used by the general public as a simple and inexpensive communications solution. Because FRS units are intended to be operated by anyone, even young children, it is unrealistic to expect FRS users to know the channel assignments and operating procedures for other radio services. Further, because of the open eligibility to operate FRS devices, many businesses use the devices in their warehouses, retail stores and other locations, so widespread use of devices with capabilities to operate in licensed and safety related services could result in unintentional interference to safety communications. Therefore, the Commission amended the FRS equipment authorization rules to limit the technical capabilities of FRS units, especially the channels on which they are capable of transmitting with the exception for part 15 unlicensed devices to continue to allow the incorporation of part 15 features such as WI-FI and Bluetooth headsets into FRS devices. This action removes the confusion of whether a purchaser needs a license or meets eligibility requirements to operate devices in this band because they will be classified as either FRS or a different service, not under both services.

12. The same implementation schedule outlined above for devices with voice obscuring features is used for these changes to FRS. That is, 90 days after the effective date of new sections 95.561(c) and 95.1761(c) adopted in the

part 95 R&O,

no equipment authorization will be granted for any transmitter type under FRS and any other service, other than part 15. Second, two years after the effective date of new sections 95.587(e), 95.591, 95.1791(a) and (b) adopted in the

part 95 R&O,

no person shall be permitted to manufacture or import, sell or offer for sale any radio equipment capable of operating under both subpart B (FRS) and any other service, other than part 15. The Commission grandfathered the operation of any existing combination radios as set forth above, and reminded operators of such existing devices that fit within the reclassified GMRS category that they must obtain a license before operating a GMRS device.

D. CB Radio Service

13. The

part 95 R&O

changed the name of the Citizens Band Radio Service to “CB Radio Service” (CBRS). The public usually refers to this service simply as “CB” or “CB radio.” This change will avoid confusion with the term “citizens band radio services” used in the Communications Act of 1934, as amended, which encompasses all of the radio services in part 95 that are licensed by rule except the Radio Control Radio Service. Further, in response to a petition from Omnitronics, LLC, the Commission amended its rules to allow use of cordless microphones with CBRS radios because there is consumer demand for this feature and it will promote safety on the highways by reducing driver distraction for those using CBRS. Specifically, the Commission amended the rules to clarify that the use of part 15-compliant cordless microphones and headsets with CBRS stations is considered to be local control, not remote control, of CB stations. Further, the Commission found that the existing technical parameters in part 15 are appropriate to allow operation within or adjacent to a truck or other vehicle, while not providing so much distance as to be considered remote control, and no additional technical restrictions are currently needed. Cordless microphones and headsets used with CBRS transmitters must be certified to comply fully with part 15 of the Commission's rules, and must not change any of the operating parameters of the CBRS transmitter or adversely affect the CBRS transmission. The Commission also concluded that it is unnecessary to limit the use of hands-free devices to those that are made by or certified to the manufacturer of the CBRS transmitter. To the contrary, such a requirement would seem to unnecessarily reduce competitive options and consumer choice. Finally, the Commission stated that voice operated transmit (VOX) could be used with CBRS cordless microphones. The Commission found that the technology is sufficiently developed that VOX microphones are able to effectively operate in a variety of noisy environments.

14.

Review of CB Operating Rules.

The

part 95 NPRM

sought comment on various CBRS operating rules, including rules that limit the duration of conversations, rules restricting the transmission of music or sound effects, and restrictions on communicating when propagation allows long range communications. While the record supported some form of duration limitation on CBRS transmissions, there is no consensus on whether or how the existing limits should be modified, so the existing rules were maintained. Similarly, the record was inconclusive on the rule restricting the transmission of music, whistling, sound effects or any material to amuse or entertain or attract attention, so that rule was retained. However, the Commission removed the restriction on long range conversations when sky wave propagation conditions allow such long range conversations. The record does not contain any convincing evidence that the current level of use of sky wave propagation by CBRS operators creates any increase in risk of harmful interference, or presents any other cause for concern. Accordingly, the Commission retained the current power limit for CB and eliminated the restriction on long-range communications. The Commission declined the request of some commenters to increase the power limit, given the increased potential for interference to other services.

15.

Other CB Issues.

The Commission agreed with CB radio manufacturers that the rule requiring that the serial number of each CBRS radio be engraved into the transmitter chassis is no longer

necessary and the rule was removed. This requirement was adopted in 1976 to help alleviate difficulties in identifying stolen CBRS equipment, but because theft of mobile CBRS equipment is no longer as large a problem as it once was, the cost of engraving serial numbers on such equipment now appears to exceed any resultant benefits, and the requirement seems to impose needless costs on the manufacturer and therefore on the consumer. Similarly, the Commission removed the requirement that manufacturers include a copy of the FCC operating rules with each new CBRS radio. When this requirement originally was enacted, CBRS licensees were required to maintain a current copy of the rules, but this requirement was removed in 1982. The Commission concluded that such a requirement is no longer necessary for CBRS equipment and noted that CBRS radio operators and other PRS users can obtain information from the FCC Web site and request assistance using the FCC 800 number call center, and encouraged manufacturers to direct users to the FCC Web site

www.fcc.gov

or call center 888-225-5322 (888-CALL-FCC) to find information about operating requirements.

16. The Commission declined to adopt other changes proposed by commenters that, rather than streamlining the CBRS rules, would expand or substantially change the character of the service. Specifically, the Commission declined to adopt the proposal to allow CBRS radios to transmit data (other than the sub-audible tone squelch and selective calling that is already permitted) for the purpose of short text messaging. The Commission also declined to adopt proposals to allow FM modulation or to add additional channels for FM modulation, or to narrowband and digitize CBRS channels because 10 kilohertz channels are already relatively spectrally efficient and the alternative modulation techniques would be incompatible with the existing equipment base. Further, the Commission declined to adopt the proposal to transition the service to a band and modulation scheme that is more appropriate for short-range communications. Such changes are beyond the scope of this proceeding, and the Commission concluded that the proponents of such changes do not demonstrate sufficient potential for public benefits that would exceed the associated costs to merit further consideration at this time.

E. Radio Control Radio Service

17. The Radio Control Radio Service (RCRS) is a one-way, short-distance, non-voice communications service for the wireless remote control of devices. It is principally used by hobbyists for flying model aircraft and controlling other types of model vehicles such as boats and cars. The Commission changed the abbreviation for the Radio Control Radio Service from “R/C” to “RCRS” to be consistent with our practice for the other Personal Radio Services. The

part 95 R&O

also removed the rule that limited RCRS device transmissions to three minutes unless the device requires changes at least once per minute remains and replaces it with the more general requirement that transmissions be limited to the minimum practical time. The Commission found the general requirement to limit transmissions to the minimum practical time is more appropriate for the RCRS going forward because it will not unnecessarily limit applications that may not fit within the prior prescribed limitation. RCRS channels will continue to be used on a shared basis, however, and RCRS operators must cooperate in the selection and use of the channels and limit transmissions to the minimum practical time that is necessary.

18. The comments opposed a proposal in the

part 95 NPRM

to remove the prohibition on receiving payment for transmitting with an RCRS station stating that RCRS operations are primarily recreational, and wireless remote control of models for commercial purposes belongs in the Private Land Mobile Radio Services (part 90 of the FCC Rules). The Commission decided to retain the prohibition in the rules to ensure the RCRS is not overtaken by commercial operations, which should operate in other bands. In response to comments, the

part 95 R&O

removed the grandfather rule provisions that allowed (1) continued manufacturing and importing of 50 ppm RCRS equipment until March 1, 1992, and (2) continued marketing of 50 ppm RCRS equipment until March 1, 1993, because these dates have long passed. By removing the grandfather rule, however, the Commission did not prohibiting the further use of 50 ppm equipment that was FCC certified and marketed before March 1, 1993, if any still exists. The Commission also incorporated clarifications to the rules suggested by comments addressing permissible actions an RCRS operator may take in regard to servicing an RCRS transmitter. The clarifications are incorporated into the general rule that addresses service and maintenance responsibilities and the RCRS rule that covers user replaceable parts.

F. Personal Locator Beacons

19. Personal Locator Beacons (PLBs) provide individuals in remote areas a means to alert others of an emergency situation and to aid search and rescue (SAR) personnel to locate those in distress. 406 MHz PLBs provide worldwide alerting capability with distress alerts automatically routed, through the international COSPAS/SARSAT satellite system, to the SAR authorities for a specific geographic region. The

part 95 R&O

amends the PLB rules to clarify that beacons marketed or otherwise referred to as Personal Locator Beacons or PLBs must meet the requirements set forth in 47 CFR part 95, subpart K for 406 MHz PLBs to prevent confusion by users as to the level of SAR response the devices provide.

G. Other Part 95 Services

20. While the

part 95 NPRM

sought comment on changes to other part 95 services, other than the reorganization of the rules to fit the new template, no substantive changes to the MedRadio Service, Low Power Radio Service, and Multi Use Radio Service were made. However, in response to recent comments by the American Society for Healthcare Engineering of the American Hospital Association (ASHE), the

part 95 R&O

declined to modify new section 95.325 which required part 95 entities to first attempt to resolve interference by means of mutually satisfactory arrangements, so as to limit the mutual resolution efforts to other part 95 licensees, and exclude efforts with unlicensed users causing interference to Wireless Medical Telemetry Service (WMTS) systems. The Commission rejected the suggestion because it would overly limit the scope of the rule and would not address possible interference between a part 95 device and a primary allocation service in adjacent spectrum. However, the Commission clarified that this rule does not require negotiations between services of unequal status (such as licensed and unlicensed services) to resolve interference. The Commission also rejected a request to exclude WMTS and MedRadio from the requirement in new section 95.319(b) that internal repairs or modifications to part 95 devices be made by technically qualified personnel. The Commission disagreed that anyone should be able to make internal repairs to WMTS and MedRadio transmitters, but modified the rule to make clear that a person

making repairs need not be qualified to repair private land mobile services equipment specifically. Further, the Commission did adopt some editorial and administrative changes to the WMTS rules, such as updating the frequency coordinator mailing address, but declined a suggestion that the rules require manufacturers to include a written notice with WMTS devices stating that prior coordination is required before a WMTS device is activated. As the Commission concluded previously, the rules already set this requirement forth clearly. Moreover, the Office of Engineering and Technology plans to work with ASHE and other parties as necessary to remind hospitals and other health care providers that use WMTS equipment of their obligation to register with the designated frequency coordinator and to ensure that such registration information is accurate.

21. The

part 95 R&O

reduced the size of the subpart heading for On-Board Units (OBUs) in the Dedicated Short-Range Communications Service (DSRCS) by using only the acronym for the service name. The rules for the DSRCS, a sub-service within the Intelligent Transportation Systems Radio Service, are found in part 90 of the Commission's Rules, but the use of the shorter acronym “OBU” instead of “DSRCS-OBU” in part 95 rules is consistent with the existing part 90 rules.

II. Procedural Matters

A. Final Regulatory Flexibility Certification

22. The Commission issued an Initial Regulatory Flexibility Certification in its Notice of Proposed Rulemaking in this proceeding. One commenter raises regulatory flexibility issues in response to our certification. To address these issues, and as required by the Regulatory Flexibility Act of 1980 (“RFA”), the Commission has included a Final Regulatory Flexibility Certification (“FRFC”) with the

part 95 R&O

.

23. The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” The two statutorily-mandated criteria to be applied in determining the need for RFA analysis are (1) whether the proposed rules, if adopted, would have a significant economic effect, and (2) if so, whether the economic effect would directly affect a substantial number of small entities. Upon application of these criteria, the Commission certified in the initial regulatory flexibility certification (IRFC) to the

part 95 NPRM

that the proposed rules, if adopted, would not have a significant economic effect on a substantial number of small entities. One commenter, Ross Snyder, objects to the Commission's conclusion that the proposed rules would not have a significant economic effect on a substantial number of small entities. Mr. Snyder's comments below are addressed below. In addition, the Commission concluded it was appropriate to certify that the final rules adopted in the accompanying

part 95 R&O

will not have a significant economic effect on a substantial number of small entities.

24. The Commission reorganizes and revises part 95 of its rules governing Personal Radio Services (PRS). Specifically, it takes the following steps, among others: Reorganizing and revising part 95 by consolidating similar or duplicative rules; placing rules generally unique to each Service in separate subparts; organizing all rule topics, where possible, into four categories (administrative, operating, technical, marketing) and listing them in a consistent pattern in each subpart; reformatting the part 95 rules; replacing, where used before, the “Question and Answer” presentation of certain rules; removing certain rules that have had only an informative role; and deleting or correcting in those rules certain outdated references. Most of the rule changes made in this Report and Order are editorial and organizational in nature rather than substantive, and, as such, will not have any economic effect on any entities, regardless of size.

25. Of the remaining rule changes made in the

part 95 R&O,

many will directly affect only either certain operators of PRS stations or only certain entities that seek Commission certification of equipment for use in the PRS. As the Commission observed in the IRFC, the former typically are individual persons, which are not considered to be small entities for purposes of the RFA. Snyder argues that individual persons should be considered “small entities” for purposes of the RFA, first because, as SBA notes, some businesses are sole proprietorships. That a sole proprietorship qualifies as a “small entity” does not equate to an SBA determination that a single individual always qualifies as a “small entity,” because sole proprietorships can have any number of employees. Snyder also submits Congress included in the Small Business Act references to “small business concerns” that mention individual “persons.” While Congress passed that Act to improve the economic condition of certain groups of individuals, the Commission did not find any Congressional intent to include “individual persons” within the definition of “small entities.”

26. With respect to entities that seek Commission certification of equipment for use in the PRS, the Commission observed in the IRFC that they typically are large manufacturing organizations, and thus are not considered to be small entities for purposes of the RFA. The PRS equipment market is both large and nationwide and most devices are manufactured and mass-marketed as consumer goods. This necessitates a large-volume manufacturing capability that small entities typically do not have. Snyder argues that this conclusion is inconsistent with the Commission's finding in another proceeding that the majority of firms in the Census Bureau category of “Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing” can be considered to be small. The Commission disagreed with that assessment arguing that the

part 95 NPRM

noted the involvement of small entities in the PRS, for example, those that make accessory devices. However, the Commission found that none of the proposed rules in the

part 95 NPRM

would directly affect any of them. Second, the

part 95 NPRM,

determined that none of its proposed rules would have a significant economic effect on manufacturers of PRS devices regardless of their size. Accordingly, the IRFC in the NPRM, and this FRFC, does not depend solely on a finding that PRS device makers are typically large manufacturing organizations that are not considered to be small. Third, the Commission recognized that changes in the various compliance requirements adopted in the

part 95 R&O

will necessitate the use of some engineering, technical, operational, accounting, billing, and legal skills. However, the entities affected by those changes already possess these skills. Accordingly, given the nature of those requirements and the skills of the entities to which they will apply, the Commission is unable to find that compliance will result in a significant economic impact on a substantial number of such entities.

27. Snyder also argues that the

part 95 NPRM

overlooked other affected entities that are small entities, such as those that make accessory devices for PRS radios and sell PRS radios and related equipment, and non-individual entities that the Commission has authorized to

operate PRS radios. Snyder claims the Commission has a statutory duty to address the economic impact of its proposed rules on all small entities affected by any new rule, whether that impact involves reporting, record keeping, or otherwise. However, the Commission found nothing in the comments of Snyder or other items in the record in this proceeding to demonstrate that the rules adopted in the

part 95 R&O

will have a direct and significant economic effect on individuals or non-individuals, whether licensed individually or by rule. The Commission concludes, therefore, that the rules adopted in the

part 95 R&O

will not directly affect many, if any, of the small entities identified by Snyder. Thus, even assuming, arguendo, a significant economic effect on some small entities, the Commission concluded that changes adopted will not have such an effect on a substantial number of such entities.

28. Specifically, the

part 95 R&O

adopts certain rule changes, which Snyder suggests will impact PRS device manufacturers: (1) The prohibition on voice scrambling or other obscuring features, and (2) the FCC no longer certifying part 95 combination radios with transmitting capability in other services licensed under 47 CFR. These rule changes involve the design or testing of future equipment, as currently certified equipment would remain unaffected by this item. However, the Commission reaffirmed its earlier finding that none of these new provisions would have a significant economic impact on device manufacturers.

29. First, the prohibition on equipment with voice scrambling or other obscuring features will not affect a substantial number of small entity device manufacturers. Only “several” GMRS and FRS radios with this capability have been certified, and this prohibition will not impact manufacturers that have already had such equipment certified as the provision is forward looking only. In addition, the rule change will not significantly impact the few affected small entity manufacturers. Because these small entities typically manufacture many types of radios and wireless communications equipment, disallowing just one product, among many, will not significantly impact them. Thus, this small design change, on just one device among the many produced, will not have a significant economic impact on these manufacturers. Moreover, contrary to Snyder's suggestion, this is not a rule change at all, for the Commission only clarified that its rules already prohibit voice-obscuring features in these Personal Radio Services.

30. Similarly, the prohibition on certain combination radios will not have a significant economic impact on a substantial number of small entities. The majority of device models produced lack this capability so only a few companies, and an even fewer number of small entities, currently produce these devices. Therefore, because this provision is forward looking—meaning already certified equipment will not be affected—and because few companies even manufacture this product, a substantial number of small entities will not even be affected by this provision. Assuming arguendo, however, that a substantial number of small entities will be affected by future compliance, this prohibition involves just one design change that will not substantially impact device manufacturers. In addition, we believe that changing the design of a PRS device to disallow transmitting capability in the other services is a small change relative to the overall cost of producing the device. As a result, this rule provision will not have a significant economic impact on PRS device manufacturers.

31. With respect to the second statutory criterion, we note that, under the RFA, the Commission and other Federal agencies need only consider the direct economic impact of their proposed rules on a substantial number of small entities regulated under those rules. Accordingly, such agencies need not consider indirect impacts. Snyder identifies a number of indirect economic impacts that might arise from the adoption of certain rule changes in the

part 95 R&O

. For example, he argues that granting operators in one radio service flexibility to use spectrum in another can burden existing users of that finite allocation of spectrum. In addition, because the forthcoming compliance requirements may prevent new manufactured equipment from meeting users' communication preferences, Snyder speculates that such users may stop purchasing such equipment, such that manufacturers, distributors, and dealers of PRS equipment will suffer lost sales. Because such economic impacts are indirect, it was not necessary to address them in association with the

part 95 NPRM

. Also, because the final rules adopted in the

part 95 R&O

do not cause any of these impacts to become more direct, it is not necessary to address them in association with the

part 95 R&O

.

32. The Commission also found no merit in Snyder's contentions that the Commission failed to comply with Executive Order 13272 by failing to provide the SBA with advance notice of its proposed rules and that the Commission did not satisfy a statutory obligation to identify significant alternatives to those proposals that would accomplish the stated objectives while minimizing any significant economic impact on small entities. Setting aside the question of whether a multi-member, independent Federal agency, such as the Commission, must comply with that Order, the Commission found its proposed rules would not, if adopted, have a significant economic impact on a substantial number of small entities. Where an agency makes such a finding it is not necessary for it, under the RFA or that Order to provide SBA with advance notice of its proposals or to identify significant alternatives.

33. Therefore, the Commission certified that the requirements of the

part 95 R&O

will not have a significant economic impact on a substantial number of small entities.

34. The Commission will send a copy of the

part 95 R&O

, including a copy of this Final Regulatory Flexibility Certification, in a report to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996, see 5 U.S.C. 801(a)(1)(A). In addition, the

part 95 R&O

and this final certification will be sent to the Chief Counsel for Advocacy of the Small Business Administration, and will be published in the

Federal Register

, see 5 U.S.C. 605(b).

B. Paperwork Reduction Analysis

35. The Report and Order identified two rule changes that constituted modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, that required Office of Management and Budget (OMB) approval before they become effective. After further review, we have found that OMB approval is not required. The Commission noted that, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), it previously sought specific comment on how it might “further reduce the information collection burden for small business concerns with fewer than 25 employees.” In the

part 95 R&O,

the Commission assessed the potential effects of the various policy changes, and found that they do not change the burden on businesses with fewer than 25 employees.

C. Congressional Review Act

36. The Commission will send a copy of the

part 95 R&O

to Congress and the

Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

III. Ordering Clauses

37. Accordingly,

it is ordered,

pursuant to the authority contained in sections 1, 4(i), 4(j), 301, 303, 304, 309, 316, and 332 of the Communications Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, as amended, 47 U.S.C. 151, 154(i), 154(j), 301, 303, 304, 309, 316, 332, and 1302, that this

report and order

in WT Docket No. 10-119

is hereby adopted.

38.

It is further ordered

that parts 1, 15, 73 and 95 of the Commission's rules, 47 CFR parts 1, 15, 73 and 95, are

amended

as set forth in Appendix, and such rule amendments shall be effective, except as otherwise noted, 30 days after the date of publication of the text thereof in the

Federal Register

.

39.

It is further ordered

that, pursuant to section 1.401(e) of the Commission's rules, the petition of James Edwin Whedbee is dismissed without prejudice.

It is further ordered

that, pursuant to section 1.407 of the Commission's rules, the petitions of Kirk D. Becker, Corey S. Becker, Ricky L. Usinger, Brett Seifert, John Shagath, Mike Waschbisch, and Cole Weiss are granted to the extent described herein and are otherwise denied.

40.

It is further ordered

that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center,

shall send

a copy of this

report and order,

including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration.

41.

It is further ordered

that the Commission

shall send

a copy of this

report and order

in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

42.

It is further ordered

that, if no petitions for reconsideration or applications for review are timely filed, this proceeding

shall be terminated

and the docket

closed

.

List of Subjects

47 CFR Part 1

Communications equipment, Radio.

47 CFR Parts 15, 73, and 95

Communications equipment, Incorporation by reference, Radio.

Federal Communications Commission.

Marlene H. Dortch,

Secretary.

Final Rules

For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 1, 15, 73 and 95, as follows:

PART 1—PRACTICE AND PROCEDURE

1. The authority citation for part 1 is revised to read as follows:

Authority:

47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 225, 227, 303(r), 309, 332, 1403, 1404, 1451, 1452, and 1455.

2. Section 1.1307 is amended by revising paragraphs (b)(2)(iii) and (iv) to read as follows:

§ 1.1307

Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared.

(b) * * *

(2) * * *

(iii) Portable transmitting equipment for use in the Wireless Medical Telemetry Service (WMTS) is subject to routine environmental evaluation as specified in §§ 2.1093 and 95.2385 of this chapter.

(iv) Equipment authorized for use in the Medical Device Radiocommunication Service (MedRadio) as a medical implant device or body-worn transmitter (as defined in subpart I of part 95 of this chapter) is subject to routine environmental evaluation for RF exposure prior to equipment authorization, as specified in §§ 2.1093 and 95.2585 of this chapter by finite difference time domain (FDTD) computational modeling or laboratory measurement techniques. Where a showing is based on computational modeling, the Commission retains the discretion to request that supporting documentation and/or specific absorption rate (SAR) measurement data be submitted.

3. Section 1.4000 is amended by revising paragraph (a)(2) to read as follows:

§ 1.4000

Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services.

(a) * * *

(2) For purposes of this section, “fixed wireless signals” means any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals.

PART 15—RADIO FREQUENCY DEVICES

4. The authority citation for part 15 continues to read as follows:

Authority:

47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 549.

5. Section 15.3 is amended by revising paragraph (g) to read as follows:

§ 15.3

Definitions.

(g) CB receiver. Any receiver that operates in the Personal Radio Services on frequencies designated for CB Radio Service stations, as well as any receiver provided with a separate band specifically designed to receive the transmissions of CB stations in the Personal Radio Services. This includes the following:

(1) A CB receiver sold as a separate unit of equipment;

(2) The receiver section of a CB transceiver;

(3) A converter to be used with any receiver for the purpose of receiving CB transmissions; and

(4) A multiband receiver that includes a band labelled “CB” or “11-meter” in which such band can be separately selected, except that an Amateur Radio Service receiver that was manufactured prior to January 1, 1960, and which includes an 11-meter band shall not be considered to be a CB receiver.

PART 73—RADIO BROADCAST SERVICES

6. The authority citation for part 73 continues to read as follows:

Authority:

47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.

7. Section 73.1207 is amended by revising paragraphs (c)(1) and (3) to read as follows:

§ 73.1207

Rebroadcasts.

(c) * * *

(1) Messages originated by privately-owned non-broadcast stations other than those in the Amateur and CB Radio Services may be broadcast only upon receipt of prior permission from the non-broadcast licensee. Additionally, messages transmitted by common carrier stations may be rebroadcast only

upon prior permission of the originator of the message as well as the station licensee.

(3) Messages originated by stations in the Amateur and CB Radio Services may be rebroadcast at the discretion of broadcast station licensees.

8. Revise part 95 to read as follows:

PART 95—PERSONAL RADIO SERVICES

Subpart A—General Rules for the Personal Radio Services

Sec.

95.100

Basis and purpose.

95.101-95.299

[Reserved]

95.301

Scope.

95.303

Definitions.

95.305

Authorization to operate Personal Radio Services stations.

95.307

Authorized station locations.

95.309

Coordination procedures and other restrictions for operation in certain locations.

95.311

Correspondence and notices from the FCC.

95.313

Penalties for violations of the Communications Act or FCC rules.

95.315

[Reserved]

95.317

Registration of antenna structures that may constitute a menace to air navigation.

95.319

Malfunctioning transmitting equipment.

95.321

[Reserved]

95.323

FCC inspection of station.

95.325

Interference.

95.327

Restricted operation.

95.329

How to contact the FCC.

95.331

Permissible uses.

95.333

Prohibited uses.

95.335

Operation of non-certified transmitters prohibited.

95.337

Operation of impermissibly modified equipment prohibited.

95.339

Operation of transmitter with external device causing rule violation prohibited.

95.341

[Reserved]

95.343

Station operator responsibility and requirements.

95.345

Remote control.

95.347

Automatic control.

95.349

Network connection.

95.351

Station identification.

95.353

False distress signals.

95.355

[Reserved]

95.357

Duration of transmissions.

95.359

Sharing of channels.

95.361

Transmitter Certification.

95.363

Channels available for use.

95.365

[Reserved]

95.367

Transmitting power.

95.369

[Reserved]

95.371

Emission types.

95.377

Tones and signals.

95.381

Voice obscuring features.

95.385

RF exposure evaluation.

95.391

Manufacturing, importation, and sales of non-certified equipment prohibited.

95.393

Instructions and warnings.

95.395—95.499

[Reserved]

Subpart B—Family Radio Service

95.501

Scope.

95.503

Definitions, FRS.

95.505-95.517

[Reserved]

95.519

FRS replacement parts.

95.521-95.529

[Reserved]

95.531

Permissible FRS uses.

95.533

Prohibited FRS uses.

95.535-95.559

[Reserved]

95.561

FRS transmitter certification.

95.563

FRS channels.

95.565

FRS frequency accuracy.

95.567

FRS transmit power.

95.569

[Reserved]

95.571

FRS emission types.

95.573

FRS authorized bandwidth.

95.575

FRS modulation limits.

95.577

FRS tone requirements.

95.579

FRS unwanted emissions limits.

95.581-95.585

[Reserved]

95.587

FRS additional requirements.

95.589

[Reserved]

95.591

Sales of FRS combination radios prohibited.

95.593 through 95.699

[Reserved]

Subpart C—Radio Control Radio Service

95.701

Scope.

95.703

Definitions, RCRS.

95.705-95.717

[Reserved]

95.719

RCRS replacement parts.

95.721-95.723

[Reserved]

95.725

Interference, RCRS.

95.727-95.729

[Reserved]

95.731

Permissible RCRS uses.

95.733

Prohibited RCRS uses.

95.735

RCRS equipment certification exception.

95.737-95.739

[Reserved]

95.741

RCRS antenna height limit.

95.743

[Reserved]

95.745

Operation of an RCRS transmitter by remote control.

95.747-95.755

[Reserved]

95.757

Duration of RCRS Communications.

95.759

[Reserved]

95.761

RCRS transmitter certification.

95.763

RCRS channel frequencies.

95.765

RCRS frequency accuracy.

95.767

RCRS transmitter power.

95.769

[Reserved]

95.771

RCRS emission types.

95.773

RCRS authorized bandwidth.

95.775-95.777

[Reserved]

95.779

RCRS unwanted emissions.

95.781-95.785

[Reserved]

95.787

RCRS additional requirements.

95.789—95.899

[Reserved]

Subpart D—CB Radio Service

95.901

Scope.

95.903

Definitions, CBRS.

95.905

Authority to operate CBRS stations voided by violation of operating rules.

95.907-95.917

[Reserved]

95.919

CBRS replacement parts.

95.921

[Reserved]

95.923

CBRS station inspection.

95.925

CBRS harmful interference.

95.927

CBRS quiet hours.

95.929

[Reserved]

95.931

Permissible CBRS uses.

95.933

Prohibited CBRS uses.

95.935

Unauthorized use of non-CBRS transmitters.

95.937

[Reserved]

95.939

External radio frequency power amplifiers prohibited.

95.941

CBRS antenna height limits.

95.943

[Reserved]

95.945

Remote control of a CBRS station.

95.947

[Reserved]

95.949

CBRS network connection.

95.951-95.955

[Reserved]

95.957

Duration of CBRS transmissions.

95.959

[Reserved]

95.961

CBRS transmitter certification.

95.963

CBRS channel frequencies.

95.965

CBRS transmit frequency accuracy.

95.967

CBRS transmitter power limits.

95.969

[Reserved]

95.971

CBRS emission types.

95.973

CBRS authorized bandwidth.

95.975

CBRS modulation limits.

95.977

CBRS tone transmissions.

95.979

CBRS unwanted emissions limits.

95.981-95.985

[Reserved]

95.987

CBRS additional requirements.

95.989

[Reserved]

95.991

CBRS marketing limitations.

95.993-95.1699

[Reserved]

Subpart E—General Mobile Radio Service

95.1701

Scope.

95.1703

Definitions, GMRS.

95.1705

Individual license required; eligibility; who may operate; cooperative use.

95.1707-95.1721

[Reserved]

95.1723

GMRS station inspection.

95.1725-95-1729

[Reserved]

95.1731

Permissible GMRS uses.

95.1733

Prohibited GMRS uses.

95.1735-95.1739

[Reserved]

95.1741

GMRS antenna height limits.

95.1743

Minor GMRS operators.

95.1745

GMRS remote control.

95.1747

GMRS automatic control.

95.1749

GMRS network connection.

95.1751

GMRS station identification.

95.1753-95.1559

[Reserved]

95.1761

GMRS transmitter certification.

95.1763

GMRS channels.

95.1765

GMRS frequency accuracy.

95.1767

GMRS transmitting power limits.

95.1769

[Reserved]

95.1771

GMRS emission types.

95.1773

GMRS authorized bandwidths.

95.1775

GMRS modulation requirements.

95.1777

GMRS tone transmissions.

95.1779

GMRS unwanted emissions limits.

95.1781-95.1785

[Reserved]

95.1787

GMRS additional requirements.

95.1789

[Reserved]

95.1791

Sales of GMRS/FRS combination radios prohibited.

95.1793 through 95.1899

[Reserved]

Subpart F—218-219 MHz Service

95.1901

Scope.

95.1903

218-219 MHz Service description.

95.1905

Permissible communications.

95.1907

Requesting regulatory status.

95.1911

License requirements.

95.1912

License term.

95.1913

Eligibility.

95.1915

License application.

95.1916

Competitive bidding proceedings.

95.1919

License transferability.

95.1923

Geographic partitioning and spectrum disaggregation.

95.1931

Service requirements.

95.1933

Construction requirements.

95.1935

Station identification.

95.1937

Station inspection.

95.1951

Certification.

95.1953

Frequency segments.

95.1955

Transmitter effective radiated power limitation.

95.1957

Emission standards.

95.1959

Antennas.

95.1961

Interference.

95.1963-95.1999

[Reserved]

Subpart G—Low Power Radio Service

95.2101

Scope.

95.2103

Definitions, LPRS

95.2105

LPRS operator eligibility.

95.2107

[Reserved]

95.2109

Notification to affected TV stations required for AMTS use.

95.2111-95.2123

[Reserved]

95.2125

LPRS interference.

95.2127-95.2129

[Reserved]

95.2131

Permissible LPRS uses.

95.2133

Prohibited LPRS uses.

95.2141

LPRS antenna height and directivity requirements.

95.2143-95.2159

[Reserved]

95.2161

LPRS transmitter certification.

95.2163

LPRS channels.

95.2165

LPRS frequency accuracy.

95.2167

LPRS transmitting power.

95.2169-95.2171

[Reserved]

95.2173

LPRS authorized bandwidths.

95.2175-95.2177

[Reserved]

95.2179

LPRS unwanted emissions limits.

95.2181-95.2189

[Reserved]

95.2191

LPRS marketing limitations.

95.2193

LPRS labeling requirements.

95.2195

LPRS disclosures.

95.2197-95.2299

[Reserved]

Subpart H—Wireless Medical Telemetry Service

95.2301

Scope.

95.2303

Definitions, WMTS.

95.2305

WMTS operator eligibility.

95.2307

[Reserved]

95.2309

WMTS frequency coordination.

95.2311-95.2323

[Reserved]

95.2325

WMTS interference.

95.2327-95.2329

[Reserved]

95.2331

Permissible WMTS uses.

95.2333

Prohibited WMTS uses.

95.2335-95.2345

[Reserved]

95.2347

WMTS automatic control.

95.2349-95.2355

[Reserved]

95.2357

WMTS duration of transmissions.

95.2359

[Reserved]

95.2361

WMTS transmitter certification.

95.2363

WMTS frequency bands and channels.

95.2365

WMTS frequency accuracy.

95.2367

[Reserved]

95.2369

WMTS field strength limits.

95.2371-95.2377

[Reserved]

95.2379

WMTS unwanted emissions limits.

95.2381-95.2383

[Reserved]

95.2385

WMTS RF exposure evaluation.

95.2387-95.2391

[Reserved]

95.2393

WMTS labeling requirements.

95.2395

WMTS disclosure.

95.2397-95.2499

[Reserved]

Subpart I—Medical Device Radio Communications Service

95.2501

Scope.

95.2503

Definitions, MedRadio.

95.2505

MedRadio operator eligibility.

95.2507

MBAN devices restricted to indoor operation within a health care facility.

95.2509

MBAN registration and frequency coordination.

95.211-95.2521

[Reserved]

95.2523

MedRadio transmitter inspection.

95.2525

MedRadio interference.

95.2527-95.2529

[Reserved]

95.2531

Permissible MedRadio uses.

95.2533

Prohibited MedRadio uses.

95.2535

MedRadio equipment certification exception.

95.2537-95.2539

[Reserved]

95.2541

MedRadio outdoor antenna restrictions.

95.2543-95.2545

[Reserved]

95.2547

MedRadio automatic control.

95.2549

MedRadio network connection.

95.2551-95.2555

[Reserved]

95.2557

MedRadio duration of transmissions.

95.2559

MedRadio channel access requirements.

95.2561

MedRadio transmitter certification.

95.2563

MedRadio frequency bands.

95.2565

MedRadio frequency accuracy.

95.2567

MedRadio radiated power limits.

95.2569

MedRadio field strength measurements.

95.2571

MedRadio emission types.

95.2573

MedRadio authorized bandwidths.

95.2575-95.2577

[Reserved]

95.2579

MedRadio unwanted emission limits.

95.2581-95.2583

[Reserved]

95.2585

MedRadio RF exposure evaluation.

95.2587

MedRadio additional requirements.

95.2589

[Reserved]

95.2591

MedRadio marketing limitations.

95.2593

MedRadio labeling requirements.

95.2595

MedRadio disclosures.

95.2597 through 95.2699

[Reserved]

Subpart J—Multi-Use Radio Service

95.2701

Scope.

95.2703

Definitions, MURS.

95.2705

Grandfathered MURS stations.

95.2707

Airborne use of MURS not authorized.

95.2709-95.2717

[Reserved]

95.2719

MURS replacement parts.

95.2721-95.2723

[Reserved]

95.2725

MURS interference.

95.2727-95.2729

[Reserved]

95.2731

Permissible MURS uses.

95.2733

Prohibited MURS uses.

95.2735-95.2739

[Reserved]

95.2741

MURS antenna height limit.

95.2743-95.2747

[Reserved]

95.2749

MURS network connection.

95.2751-95.2755

[Reserved]

95.2757

MURS duration of transmissions.

95.2759

[Reserved]

95.2761

MURS transmitter certification.

95.2763

MURS channels.

95.2765

MURS frequency accuracy.

95.2767

MURS transmitting power limit.

95.2769

[Reserved]

95.2771

MURS emission types.

95.2773

MURS authorized bandwidths.

95.2775

MURS audio filter.

95.2777

[Reserved]

95.2779

MURS unwanted emissions limits.

95.2781 through 95.2899

[Reserved]

Subpart K—Personal Locator Beacons and Maritime Survivor Locating Devices

95.2901

Scope.

95.2903

Definitions, PLBs and MSLDs.

95.2905

PLB registration.

95.2907-95.2929

[Reserved]

95.2931

Permissible use of PLBs.

95.2933

Prohibited use of PLBs and MSLDs.

95.2935-95.2959

[Reserved]

95.2961

PLB and MSLD transmitter certification.

95.2963

PLB and MSLD frequency bands.

95.2965-95.2969

[Reserved]

95.2971

PLB emission type.

95.2973-95.2985

[Reserved]

95.2987

Additional PLB and MSLD certification requirements.

95.2989

PLB and MSLD technical standards.

95.2991

PLB and MSLD marketing limitations.

95.2993

PLB identification plate or label and registration card.

95.2995 through 95.3099

[Reserved]

Subpart L—DSRCS On-Board Units

95.3101

Scope.

95.3103

Definitions, OBUs.

95.3105-95.3129

[Reserved]

95.3131

Permissible uses, OBUs.

95.3133-95.3157

[Reserved]

95.3159

OBU channel sharing and priority of use.

95.3161

OBU transmitter certification.

95.3163

OBU channels.

95.3165

[Reserved]

95.3167

OBU transmit power limit.

95.3169-95.3187

[Reserved]

95.3189

OBU technical standard.

Appendix A To Part 95—Cross Reference to Previous Rules

Authority:

47 U.S.C. 154, 303, 307.

Subpart A—General Rules for the Personal Radio Services

§ 95.100

Basis and purpose.

This section contains a concise general statement of the basis and purpose of the rules in this part, pursuant to 5 U.S.C. 553(c).

(a)

Basis.

These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151

et. seq.

(b)

Purpose.

The purpose of these rules is to establish the requirements and conditions under which stations and devices incorporating radio transmitters may be designed, manufactured, certified, marketed, operated and used in the Personal Radio Services.

§ 95.101-95.299

[Reserved]

§ 95.301

Scope.

This subpart contains rules that apply generally to all of the Personal Radio Services.

§ 95.303

Definitions.

The following terms and definitions apply only to the rules in this part.

Antenna.

A device that converts radio frequency electrical energy from a transmitter to radiated electromagnetic energy.

Authorized bandwidth.

The maximum permissible occupied bandwidth of an emission.

Automatic control.

Operational control of a Personal Radio Services station by automated means, such that the operator does not have to be located at a control point and monitoring communications in order to share channels and avoid interference and rule violations.

Base station.

A station at a fixed location that communicates directly with mobile stations and other base stations.

Carrier power output.

The average power supplied at the radio frequency output of a transmitter during one radio frequency cycle, measured under the condition of no modulation.

Certified transmitter.

A transmitter of a type for which a grant of equipment certification, pursuant to part 2, subpart J of this chapter, has been issued for the Personal Radio Service(s) in which it is intended to be operated.

Citizens band radio service.

Pursuant to 47 U.S.C. 307(e)(3), the term “citizens band radio service” means any radio service or other specific classification of radio stations used primarily for wireless telecommunications for which the FCC has determined that it serves the public interest, convenience and necessity to authorize by rule the operation of radio stations in that service or class, without individual licenses, pursuant to 47 U.S.C. 307(e)(1).

Citizens Broadband Radio Service.

The rules for this service, including technical rules, are contained in part 96 of this chapter. Only Citizens Broadband Radio Service Devices authorized on a General Authorized Access basis, as those terms are defined in section 96.3, are considered part of the Citizens Band Radio Services.

Communications Act.

The Communications Act of 1934, as amended; 47 U.S.C. 151

et. seq.

Control point.

Any location where the operator of a Personal Radio Services station may reliably operate that station.

Control station.

A station at a fixed location that communicates with mobile stations and other control stations through repeater stations, and may also be used to control the operation of repeater stations.

dB.

Decibels.

EIRP.

Equivalent Isotropically Radiated Power. Antenna input power times gain for free-space, or in-tissue measurement configurations required by MedRadio, expressed in Watts, where the gain is referenced to an isotropic radiator.

Emergency messages.

Communications concerning the immediate safety of life or protection of property.

Emission.

Radiated electromagnetic energy from a station.

External radio frequency power amplifier.

Any device which, when used with a transmitter as a signal source, is capable of amplification of that signal, and is not an integral part of a radio transmitter as manufactured.

See

§ 2.815 of this chapter.

FCC.

The Federal Communications Commission.

Feedline.

A cable or transmission line that conveys radio frequency electrical energy from a transmitter to an antenna.

Fixed station.

A station at a fixed location that directly communicates with other fixed stations only.

Frequency accuracy.

A technical requirement comprising the frequency tolerance, frequency stability, or both.

Frequency tolerance.

A design requirement specifying the maximum amount that carrier frequencies of newly manufactured transmitters may normally differ from the frequency or frequencies set forth in the FCC rules.

Frequency stability.

A design requirement specifying the maximum amount that carrier frequencies of transmitters may normally change from their nominal value as a result of changes in ambient temperature, power supply voltages, or other external factors.

Hand-held portable unit.

A physically small mobile station that can be operated while being held in the operator's hand.

Harmful interference.

Any transmission, radiation, or induction that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with applicable laws, treaties, and regulations.

Individual.

A human being,

e.g.,

one man or one woman.

Individual license.

An authorization to operate a Personal Radio Service station, granted by the FCC to a specific person.

Interference.

The effect of unwanted energy due to one or a combination of emissions, radiations, or inductions upon reception in a radiocommunication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy.

Licensee.

A person that has been granted an individual license by the FCC.

Mean power output.

The average power supplied at the radio frequency output of a transmitter during a time interval of at least 0.1 seconds, taken under normal operating conditions.

Mobile station.

A station, intended to be used while in motion or during halts at unspecified locations, that communicates directly with base stations and other mobile stations, and with control stations and other mobile stations through repeater stations.

Modulation.

A process of altering the amplitude, frequency and/or phase of a radio frequency carrier wave generated within a Personal Radio Service transmitter, for the purpose of impressing onto the carrier wave information to be transmitted.

Necessary bandwidth.

For a given class of emission, the width of the frequency band which is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions.

Occupied bandwidth.

For an emission, the width of a frequency band such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to 0.5% of the total mean power of the emission.

One-way communications.

Communications where information always flows in one pre-arranged direction through a communications channel.

Operate.

Control the functioning of a Personal Radio Service station; in particular, cause a Personal Radio Service station to begin, continue or cease transmitting.

Operator.

An individual who operates a Personal Radio Service station.

Out-of-band emissions.

Unwanted emissions that result from the modulation process and whose frequencies are immediately outside of the necessary bandwidth.

Person.

An individual, a corporation, a partnership, an association, a joint stock company, a trust, a state, territorial or local government unit, or other legal entity.

Personal Radio Services station.

Any transmitter, with or without an incorporated antenna or receiver, which is certified by the FCC to be operated in one or more of the Personal Radio Services.

Personal Radio Services.

The Personal Radio Services are the citizens band radio services, radio control radio services, the 218-219 MHz Service and

individually licensed services comprising all of the radio services and other classifications of radio stations governed by the rules in this part (47 CFR part 95).

Plain language voice communications.

Voice communications without codes or coded messages intended to provide a hidden meaning. Foreign languages and commonly known radio operating words and phrases, such as “ten four” and “roger,” not intended to provide a hidden meaning, are not considered codes or coded messages.

Radio control radio service.

Pursuant to 47 U.S.C. 307(e)(3), the term “radio control radio service” means any radio service or other specific classification of radio stations used primarily for wireless telecommand and/or wireless telemetry purposes, for which the FCC has determined that it serves the public interest, convenience and necessity to authorize by rule the operation of radio stations in that service or class, without individual licenses, pursuant to 47 U.S.C. 307(e)(1).

Remote control.

Operation of a Personal Radio Services station from a location that is not in the immediate vicinity of the transmitter. Operation of a Personal Radio Services station from any location on the premises, vehicle or craft where the transmitter is located is not considered to be remote control.

Repeater station.

A station in a fixed location used to extend the communications range of mobile stations, hand-held portable units and control stations by receiving their signals on one channel (the input channel) and simultaneously retransmitting these signals on another channel (the output channel), typically with higher transmitting power from a favorable antenna location (typically high above the surrounding terrain).

Spurious emissions.

Unwanted emissions, the level of which may be reduced without affecting the corresponding transmission of information, including harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but excluding out-of-band emissions.

Network connection.

Connection of a Personal Radio Services station to the public switched network, so that operators of other stations in that service are able to make (and optionally to receive) telephone calls through the connected station.

Transmit.

Radiate electromagnetic energy.

Transmitter.

A device which supplies radio frequency electrical energy to an antenna, either directly or through a feedline.

Transmitter type.

A sample transmitter submitted for testing to evaluate compliance with the technical and design rules in this part, for the purpose of FCC certification pursuant to part 2, subpart J of this chapter. The sample transmitter is identical to (as defined in § 2.908 of this chapter) and representative of all other transmitters of the same type.

Two-way communications.

Communications where information flows in both directions through a communications channel, either simultaneously (duplex operation) or alternately (simplex operation).

Unwanted emissions.

Emissions whose frequencies are outside of the necessary bandwidth; comprising out-of-band emissions and spurious emissions.

User.

Any person who uses or benefits from the operation of a Personal Radio Service station.

Voice obscuring feature.

A feature incorporated into a Personal Radio Service telephony transmitter that alters the sound of the user's voice in such a way that the communications are intended to be understandable only to individuals using a similar unit that reverses the process on the receiving end, so that the voice again becomes intelligible.

§ 95.305

Authorization to operate Personal Radio Services stations

Pursuant to 47 U.S.C. 307(e)(1), this rule section authorizes eligible persons to operate part 95 Personal Radio Service stations and part 96 Citizens Broadband Radio Service stations without individual licenses, except as provided in paragraph (a). Such operation must comply with all applicable rules in this part.

(a)

Individual licenses.

A valid individual license may be required under this part to operate or use stations in a particular service, certain types of stations, stations transmitting on certain channels or frequency bands, or stations transmitting with power above a certain level. Any such requirements applicable to stations in any of the Personal Radio Services are set forth in the subpart governing that specific service.

See e.g.,

§ 95.1705. Otherwise, the FCC does not require or accept applications for an individual license to operate any type of Personal Radio Service station.

(b)

Operator eligibility.

Some of the Personal Radio Services have specific operator eligibility requirements, which are set forth in the subparts governing those services. Otherwise, any person is eligible to operate a Personal Radio Service station, except as stated in paragraphs (c) and (d) of this section.

(c)

Foreign government operator.

No entity that is a foreign government or which is acting in its capacity as a representative of a foreign government is authorized by this section to operate Personal Radio Service stations.

(d)

Cease and desist order.

No person subject to a cease and desist order issued pursuant to § 95.313(d) is authorized by this section to operate Personal Radio Service stations.

(e)

Federal station.

No person is authorized by this section to operate a United States Government radio station.

(f)

Foreign station.

No person is authorized by this section to operate a foreign government radio station.

§ 95.307

Authorized station locations.

Personal Radio Service stations generally may be operated in any location included within the descriptions in the following paragraphs in this section. In certain specific locations, however, co-ordination procedures or operating restrictions may apply, as set forth in § 95.309. Operation of Personal Radio Service stations in any location outside of those described in the following paragraphs is not authorized by this part.

(a)

Within the United States and its territories.

Those areas include the fifty United States and the District of Columbia, the Commonwealth of Puerto Rico, Navassa Island, the United States Virgin Islands (50 islets and cays), American Samoa (seven islands), Baker Island, the Commonwealth of Northern Marianna Islands, Guam Island and Howland Island, Jarvis Island, Johnston Island (Islets East, Johnston, North and Sand), Kingman Reef, Midway Island (Islets Eastern and Sand), Palmyra Island (more than 50 islets), and Wake Island (Islets Peale, Wake and Wilkes).

(b)

Aboard any vessel or aircraft registered in the United States.

With the permission of the captain, while the vessel or aircraft is within or over the United States or its territories, U.S. territorial waters, or upon or over international waters.

(c)

Aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company.

While that vessel or aircraft is within or over the United States or its territories, U.S. territorial waters or upon or over international waters.

(d)

Other locations.

Any other area of the world, except within the territorial limits of areas where radio services are regulated by:

(1) An agency of the United States other than the FCC. (You are subject to its rules.)

(2) Any foreign government. (You are subject to its rules.)

§ 95.309

Coordination procedures and other restrictions for operation in certain locations.

The operator of a Personal Radio Service station may be required to coordinate operation in advance and/or may be subject to operating restrictions if the station is to be operated in certain locations, described in the following paragraphs in this section.

(a)

In a Quiet Zone or near a protected FCC field office.

Rules for these locations are set forth in § 1.924 of this chapter.

(b)

Near a U.S. border or in an area that is or may be subject to an international treaty or agreement.

Treaties and agreements may be viewed or downloaded from the FCC Web site:

http://www.fcc.gov/ib/sand/agree/

.

(c)

At an environmentally sensitive site, or in a manner that may raise environmental concerns.

Rules for these locations are set forth in part 1, subpart I of this chapter (Procedures Implementing the National Environmental Policy Act of 1969).

(d)

In an area administered by the United States Government.

For example, the Department of Defense may impose restrictions on a station transmitting on land under its jurisdiction. Before operating a station at such a point, the operator should consult with the commanding officer in charge of the land.

(e)

Near the Arecibo Observatory.

Anyone planning to operate a Personal Radio Services station on the islands of Puerto Rico, Desecheo, Mona, Vieques, or Culebra in a manner that could pose an interference threat to the Arecibo Observatory must notify the observatory at least 45 days in advance of the planned operation, by mail or email, to the following address: Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612; email:

prcz@naic.edu

.

(1) To determine whether a planned operation could pose an interference threat to the Arecibo Observatory, operators may consult interference guidelines provided by Cornell University.

(2) The notification must include the geographical coordinates of the station, if it is a fixed or base station.

(3) After receipt of such notifications, the FCC will allow the Arecibo Observatory 20 days to comment on or object to the proposed operation. The operator must make reasonable efforts to resolve or mitigate any potential interference concern with the Arecibo Observatory. If the FCC determines that an operator has made reasonable efforts to protect the Observatory from interference, the operator may be allowed to operate the station.

§ 95.311

Correspondence and notices from the FCC.

Operators of Personal Radio Service stations must respond to and comply with official communications from the FCC.

(a) The FCC may send a letter to the operator of a Personal Radio Service station requesting specific information about the Personal Radio Service station or its operation. Upon receipt of such a letter, the operator must respond in writing to the FCC office that sent the letter, within the time period stated in the letter. The written response must contain the information requested by the FCC, must be complete in itself, and should not rely on references to other communications or notices.

(b) If it appears to the FCC that the operator of a Personal Radio Services station has violated the Communications Act or the FCC's rules, the FCC may send that operator an official notice concerning the apparent violation. Upon receipt of such official notice, the operator must respond in writing to the FCC office that sent the letter, within the time period stated in the letter and comply with all instructions in the notice concerning the response. The written response must contain a complete written statement that fully addresses each violation, reports any action that the operator has taken to correct the violation and to prevent it from happening again, and any other pertinent information, such as other operators or stations that may have caused the violation.

(c) If the FCC notifies the operator of a Personal Radio Service station that the station is causing interference for technical reasons, the operator must follow all instructions in the official notice. The operator must comply with restricted hours of station operation if so specified in the official notice. The notice may require the operator to stop operating the station until technical adjustments or repairs have been made to the station equipment, such that the technical problem is corrected.

§ 95.313

Penalties for violations of the Communications Act or FCC rules.

Operators of Personal Radio Service stations may be assessed penalties for violations of the Communications Act and the FCC Rules.

(a) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any provision of the Communications Act, that operator may be fined up to $10,000 or be imprisoned for a period not exceeding one year, or both. Upon a subsequent violation, the imprisonment may be for a period not exceeding two years.

See

§ 501 of the Communications Act (47 U.S.C. 501).

(b) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any FCC rule, the operator may be fined up to $500 for each violation, or in the case of a continuing violation, $500 for each day that the violation continued.

See

section 502 of the Communications Act (47 U.S.C. 502).

(c) If the FCC finds that a Personal Radio Service station operator has willfully or repeatedly violated one or more sections of the Communications Act or of the FCC Rules, that operator may be liable for forfeiture. See § 1.80 of this chapter for details about the forfeiture procedures and amounts.

(d) If the FCC finds that a Personal Radio Service station operator is using a Personal Radio Service station in a way that violates one or more sections of the Communications Act or of the FCC Rules, the FCC may order the operator to cease and desist (

i.e.,

immediately stop operating the station).

See

§ 312(b) of the Communications Act (47 U.S.C. 312(b)).

§ 95.315

[Reserved]

§ 95.317

Registration of antenna structures that may constitute a menace to air navigation.

(a) Each antenna structure used for a Personal Radio Service station is subject to the antenna structure rules set forth in part 17 of this chapter. In particular, the owner of an antenna structure that is more than 60.96 m (200 ft) in height above ground level (

see

§ 17.7 of this chapter for specific criteria) may be required to notify the FAA and register the antenna structure with the FCC.

(b) Further, stations located on or near a military or public-use airport with an antenna structure that is more than 6.10 meters (20 feet) high may have to obey additional restrictions. The highest point of the antenna must not exceed one meter above the airport elevation for every hundred meters of distance from the nearest point of the nearest airport runway. Differences in ground elevation between the antenna and the airport runway may complicate this formula. For stations near an airport,

see http://appsint.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp

to figure the maximum allowable height of the antenna. Consult part 17 of the FCC's Rules for more information (47 CFR part 17).

§ 95.319

Malfunctioning transmitting equipment.

If the operator of a Personal Radio Services station becomes aware that the transmitting equipment is no longer functioning properly, he or she must stop making transmissions (except for emergency communications) using the malfunctioning transmitting equipment until it has been adjusted and/or repaired, as necessary, to restore proper operation.

(a)

FCC request to discontinue operation.

If an FCC representative informs a Personal Radio Services station operator that the technical characteristics of his or her transmitted signals are not in compliance with the applicable rules (

e.g.,

regarding power, unwanted emissions, frequency accuracy), he or she must immediately stop making transmissions with the transmitter producing the non-compliant signals.

(b)

Internal repairs.

Internal adjustments and repairs to Personal Radio Services transmitters must be performed by or under the supervision of an individual who is qualified to maintain and repair transmitters.

(c)

Test transmissions.

The operator of any Personal Radio Services station may make brief test transmissions to verify the functional status of the transmitting equipment at any time, provided that such transmissions do not cause interference to the communications of other stations. A qualified individual maintaining or repairing a Personal Radio station transmitter in accordance with paragraph (b) of this section may make test transmissions as necessary to maintain or repair the transmitter, provided that such transmissions do not cause interference to communications of other stations.

§ 95.321

[Reserved]

§ 95.323

FCC inspection of station.

If an authorized FCC representative requests to inspect any station in the Personal Radio Services, the station operator or licensee must make the station and any applicable records available for inspection.

§ 95.325

Interference.

Operators of Personal Radio Service stations experiencing or causing interference must first attempt to eliminate the interference by means of mutually satisfactory arrangements. If the operators are unable to resolve an interference problem, the FCC may impose restrictions including specifying the channels, maximum transmitting power, maximum antenna height and geographic area or hours of operation of the stations concerned.

§ 95.327

Restricted operation.

The FCC may deny or restrict the use by any operator(s) of any specified channel(s) in a specified geographic area if, in the judgment of the FCC, such use is not in the public interest. Furthermore, the FCC may restrict the use by any particular operator(s) of any channel as to geographical area of operation, transmitting power, or other operating conditions.

§ 95.329

How to contact the FCC.

For information about the Personal Radio Services, see the FCC's internet Web site (

www.fcc.gov

). To speak with an FCC representative about the Personal Radio Services, call the FCC's information line 888-CALL-FCC (888-225-5322). To write the FCC about these services, address the Federal Communications Commission, Attention: Mobility Division, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554.

§ 95.331

Permissible uses.

Personal Radio Services stations may be used only for the purposes set forth in the rules applicable to each specific Personal Radio Service.

§ 95.333

Prohibited uses.

No person shall use a Personal Radio Service station:

(a) In connection with any activity which is against Federal, State or local law;

(b) To transmit advertisements or program material associated with television or radio broadcasting;

(c) To transmit messages for hire or provide a common carrier service;

(d) To intentionally interfere with the communications of another station;

(e) To transmit obscene, profane or indecent words, language or meaning; or

(f) To transmit a false or deceptive communication.

§ 95.335

Operation of non-certified transmitters prohibited.

Except as provided in paragraph (a) of this section, no person shall operate a transmitter in any Personal Radio Service unless it is a certified transmitter; that is, a transmitter of a type which has obtained a grant of equipment certification for that service, pursuant to part 2, subpart J of this chapter. Use of a transmitter that is not FCC-certified voids the user's authority to operate that station.

See

sections 302(a), (b), and (e) of the Communications Act (47 U.S.C. 302(a), (b), and (e)).

(a)

Exceptions.

Under certain exceptions, non-certified Personal Radio Service transmitters, or transmitters certified for use in the land mobile radio services may be operated. Any such exceptions applicable to stations in a Personal Radio Service are set forth in the subpart governing that specific service.

See e.g.,

§§ 95.735 and 95.1735.

(b)

Revoked or withdrawn certification.

In the event that the FCC revokes or withdraws a grant of equipment certification for a type of Personal Radio Service transmitter, existing transmitters already in service may continue to be operated unless and until the FCC determines otherwise and gives Public Notice of that decision.

(c)

Grantee permissible modifications.

Only the grantee of the equipment certification may modify the design of a certified Personal Radio Service transmitter type, and then only pursuant to and in full compliance with the requirements and procedures for permissible changes and modifications in part 2 of this chapter.

See

§§ 2.932 and 2.1043 of this chapter.

§ 95.337

Operation of impermissibly modified equipment prohibited.

No person shall modify any Personal Radio Service transmitter in a way that changes or affects the technical functioning of that transmitter such that operation of the modified transmitter results in a violation of the rules in this part. This includes any modification to provide for additional transmit frequencies, increased modulation level, a different form of modulation, or increased transmitter output power (either mean power or peak envelope power or both). Any such modification voids the certified status of the modified transmitter and renders it unauthorized for use in the Personal Radio Services. Also, no person shall operate any Personal Radio Service transmitter that has been so modified.

§ 95.339

Operation of transmitter with external device causing rule violation prohibited.

No person shall operate any Personal Radio Service transmitter to which an external device or accessory has been added such that operation of the combination results in a violation of the rules.

§ 95.341

[Reserved]

§ 95.343

Station operator responsibility and requirements.

Each Personal Radio Services station must have an operator whenever the station is transmitting. The operator of a Personal Radio Services station is responsible for proper operation of the station in compliance with all applicable rules in this part.

(a) Unless the station is operating under automatic control, the operator of a Personal Radio Services station must be located at a control point and monitoring communications while the station is transmitting.

(b) For Personal Radio Services stations operating under the authority of an individual license, the licensee is responsible for proper operation of the station in compliance with all applicable rules in this part, regardless of who is operating the station.

(c) For Personal Radio Services stations operating under the authority of an individual license, the licensee must maintain station records. If no individual license is required for a particular Personal Radio Service, the station operator must maintain the station records. Station records include copies of any FCC violation notices or other FCC letters received by the licensee or operator, any responses to such letters, each written permission received from the FCC, and other documents as the FCC may require be included.

§ 95.345

Remote control.

Operation of Personal Radio Services stations by remote control is prohibited, unless otherwise allowed for a particular Personal Radio Service by rules in the subpart governing that specific service.

See e.g.,

§§ 95.945 and 95.1745.

§ 95.347

Automatic control.

Operation of Personal Radio Services stations under automatic control is prohibited, unless otherwise allowed for a particular Personal Radio Service by rules in the subpart governing that specific service.

See e.g.,

§§ 95.1747, 95.2347, and 95.2547.

§ 95.349

Network connection.

Operation of Personal Radio Services stations connected with the public switched network is prohibited, unless otherwise allowed for a particular Personal Radio Service by rules in the subpart governing that specific service.

See e.g.,

§§ 95.949 and 95.2749.

§ 95.351

Station identification.

Operators of Personal Radio Services stations are not required to transmit any form of station identification, unless otherwise required for a Personal Radio Service by rules in the subpart governing that specific service.

See e.g.,

§ 95.1751.

§ 95.353

False distress signals.

No person shall transmit or cause to be transmitted by a Personal Radio Services station any false or fraudulent signals of distress, or communication relating thereto.

See

section 325(a) of the Communications Act (47 U.S.C. 325(a)).

§ 95.355

[Reserved]

§ 95.357

Duration of transmissions.

Except as otherwise provided, the operator of a Personal Radio Services station must generally limit transmissions to the minimum duration necessary.

See e.g.,

§ 95.2357. Some Personal Radio Services have specific duration limits, which are set forth in the subparts governing those services.

See e.g.,

§ 95.957.

§ 95.359

Sharing of channels.

Unless otherwise provided in the subparts governing the individual services, all channels designated for use in the Personal Radio Services are available for use on a shared basis, and are not assigned by the FCC for the exclusive use of any person or station. Operators of Personal Radio Service stations must cooperate in the selection and use of channels in order to avoid interference and make efficient use of these shared channels.

§ 95.361

Transmitter Certification.

(a) Unless otherwise provided in the subpart governing that service or in other parts of this chapter, each transmitter that operates or is intended to operate in a service of the Personal Radio Service must be certified in accordance with the governing subpart and part 2 of this Chapter.

(b) A copy of the instruction manual specified in § 95.393 must be forwarded to the FCC with each request for certification of the relevant transmitter. If a final copy of that manual is not available when the certification application is submitted, the applicant may include with its application a draft or preliminary copy provided it forwards a final copy to the FCC when such a copy becomes available.

(c) Equipment certification will not be issued for transmitter types where any control, switch or other type of adjustment—which, when manipulated, can result in a violation of the rules—is accessible to the user.

§ 95.363

Channels available for use.

Operators of Personal Radio Stations may transmit only on the channels or frequency bands designated for the specific Personal Radio Service being used, as listed in the individual subpart governing that service. Transmissions on any channel or frequency not designated for the service being used constitutes a violation of section 301 of the Communications Act (47 U.S.C. 301).

§ 95.365

[Reserved]

§ 95.367

Transmitting power.

For transmission of emergency messages, where operators of Personal Radio Services stations have the ability to select transmitting power levels, the highest transmitting power available may be used. In all other circumstances, the minimum amount of transmitting power necessary to carry out the desired communications must be used.

See

section 324 of the Communications Act (47 U.S.C. 324).

§ 95.369

[Reserved]

§ 95.371

Emission types.

In general, Personal Radio Services stations may transmit any emission type that is appropriate for the permissible uses of the specific service, provided that it does not exceed the authorized bandwidth for that service and is in full compliance with the modulation limits (if any) and unwanted emission limits for the specific service.

(a)

Exceptions.

In some of the Personal Radio Services, stations may transmit only certain specific emission types. Any such limits are set forth in the emission types rule in the subpart governing that service.

See e.g.,

§§ 95.971 and 95.2971.

(b)

Emission type designators.

Emission type designators are defined in § 2.201 of this chapter. Designators for emissions commonly used in the Personal Radio Services are as follows:

Description

Designator

Voice, AM

A3E

Voice, SSB

J3E

Voice, FM

F3E

Voice, PM

G3E

Data, FSK

F1D

Data, AFSK

F2D

Data, PSK

G1D

Test, no modulation

N0N

§ 95.377

Tones and signals.

Personal Radio Service stations that transmit voice emissions may also transmit audible or subaudible tones or other signals for the purpose of selective calling and/or receiver squelch activation. These tones and signals are ancillary to voice communications and are considered to be included within the voice emission types,

e.g.,

A3E, F3E, and G3E.

(a) Tones that are audible (having a frequency higher than 300 Hertz), must last no longer than 15 seconds at one time.

(b) Tones that are subaudible (having a frequency of 300 Hertz or less), may be transmitted continuously during a communication session.

§ 95.381

Voice obscuring features.

A grant of equipment certification will not be issued for any transmitter type that incorporates one or more voice scrambling or other obscuring features for any of the Personal Radio Services that provide for voice (telephony) communications on shared channels (

see

§ 95.359), if the application for such grant is filed on or after December 27, 2017.

§ 95.385

RF exposure evaluation.

(a) Personal Radio Services devices are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b), 2.1091 and 2.1093 of this chapter, as appropriate.

(b) FCC certification (

see

§ 95.335) of transmitter types that are “portable devices,” as defined in § 2.1093(b) of this chapter, and are designed to operate in certain Personal Radio Services, is subject to rules requiring radiofrequency radiation exposure routine evaluation pursuant to §§ 1.1307(b) and 2.1093 of this chapter.

See

§§ 95.2385 and 95.2585.

§ 95.391

Manufacturing, importation, and sales of non-certified equipment prohibited.

No person shall manufacture, import, sell or offer for sale non-certified equipment for the Personal Radio Services.

See

§ 302(b) of the Communications Act (47 U.S.C. 302a(b)).

See also

part 2, subpart I (§ 2.801

et. seq.

) of this chapter for rules governing marketing of radiofrequency devices.

(a)

Revoked or withdrawn certification.

In the event that the FCC revokes or withdraws a grant of equipment certification for a type of Personal Radio Service transmitter, the FCC will provide specific instructions and dates for cessation of manufacturing, importation and sales of the affected equipment.

(b)

External radio frequency power amplifiers.

No person shall manufacture, import, sell or offer for sale any external radio frequency power amplifier that is capable of operation on any frequency below 144 MHz and is intended for use in the Personal Radio Services.

See also

§ 2.815 of this chapter.

(c)

Voice obscuring radios.

Effective September 30, 2019, no person shall manufacture, or import, sell or offer for sale any radio that incorporates one or more voice scrambling or other obscuring features where such radio is intended for use in any of the Personal Radio Services that provide for voice (telephony) communications on shared channels (

see

§ 95.359) regardless of whether the Commission has previously certified that radio.

§ 95.393

Instructions and warnings.

(a) A user's instruction manual must be supplied with each transmitter that can be used in a Personal Radio Service.

(b) The manual described in paragraph (a) of this section must contain all information necessary for the proper installation and operation of the transmitter including:

(1) Instructions concerning all controls, adjustments and switches that may be operated or adjusted without resulting in a violation of FCC rules;

(2) Warnings concerning any adjustment that could result in a violation of FCC rules or that is recommended to be performed only by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter maintenance and repair duties in the relevant radio service by an organization or committee representative of users of that service;

(3) Warnings concerning the replacement of any transmitter component (crystal, semiconductor, etc.) that could result in a violation of FCC rules; and

(4) For a transmitter that can only be operated with an FCC license, warnings concerning compliance with applicable licensing requirements and information concerning license application procedures.

§ § 95.395-95.499

[Reserved]

Subpart B—Family Radio Service (FRS)

§ 95.501

Scope.

This subpart contains rules that apply only to the Family Radio Service (FRS).

§ 95.503

Definitions, FRS.

Family Radio Service (FRS).

A short-distance two-way voice communication service, with limited data applications, between low power hand-held radios, for facilitating individual, family, group, recreational and business activities.

FRS unit.

A transceiver for use in the FRS.

§§ 95.505-95.517

[Reserved]

§ 95.519

FRS replacement parts.

The operator of a FRS unit may replace the batteries in the FRS unit with batteries of a type specified by the manufacturer. All other internal maintenance and repairs must be carried out in accordance with § 95.319.

§§ 95.521-95.529

[Reserved]

§ 95.531

Permissible FRS uses.

FRS units are primarily used for short-distance two-way voice communications between individuals.

(a)

Digital data.

In addition to voice conversations, FRS units may transmit digital data containing location information, or requesting location information from one or more other FRS or GMRS units, or containing a brief text message to another specific GMRS or FRS unit. Digital data transmissions must be initiated by a manual action of the operator, except that a FRS unit receiving an interrogation request may automatically respond with its location.

See also

§ 95.587(c).

(b)

One-way communications.

FRS units may be used for one-way communications that are emergency messages, traveler assistance communications, voice pages or brief equipment tests.

(c)

GMRS stations.

FRS units normally communicate with other FRS units, but may also be used to communicate with General Mobile Radio Service (GMRS) stations.

§ 95.533

Prohibited FRS uses.

FRS units must not be used for one-way communications other than those listed in § 95.531(b). Initial transmissions to establish two-way communications and data transmissions listed in § 95.531(a) are not considered to be one-way communications for the purposes of this section.

§ § 95.535-95.559

[Reserved]

§ 95.561

FRS transmitter certification.

(a) Each FRS unit (a transmitter that operates or is intended to operate in the FRS) must be certficated for use in the FRS in accordance with this subpart and subpart J of part 2 of this chapter.

(b) A grant of equipment certification for the FRS will not be issued for any FRS transmitter type that fails to comply with all of the applicable rules in this subpart.

(c) A grant of equipment certification will not be issued for hand-held portable radio units capable of operating under both this subpart (FRS) and under any other subparts of this chapter (except part 15) if the application for such grant is filed on or after December 27, 2017.

§ 95.563

FRS channels.

The FRS is allotted 22 channels, each having a channel bandwidth of 12.5 kHz. All of the FRS channels are also allotted to the General Mobile Radio Service (GMRS) on a shared basis. The

FRS channel center frequencies are set forth in the following table:

Channel No.

Center

frequency

(MHz)

1

462.5625

2

462.5875

3

462.6125

4

462.6375

5

462.6625

6

462.6875

7

462.7125

8

467.5625

9

467.5875

10

467.6125

11

467.6375

12

467.6625

13

467.6875

14

467.7125

15

462.5500

16

462.5750

17

462.6000

18

462.6250

19

462.6500

20

462.6750

21

462.7000

22

462.7250

§ 95.565

FRS frequency accuracy.

Each FRS transmitter type must be designed such that the carrier frequencies remain within ±2.5 parts-per-million of the channel center frequencies specified in § 95.563 during normal operating conditions.

§ 95.567

FRS transmit power.

Each FRS transmitter type must be designed such that the effective radiated power (ERP) on channels 8 through 14 does not exceed 0.5 Watts and the ERP on channels 1 through 7 and 15 through 22 does not exceed 2.0 Watts.

§ 95.569

[Reserved]

§ 95.571

FRS emission types.

Each FRS transmitter type must be designed such that it can transmit only the following emission types: F3E, G3E, F2D, and G2D.

§ 95.573

FRS authorized bandwidth.

Each FRS transmitter type must be designed such that the occupied bandwidth does not exceed 12.5 kHz.

§ 95.575

FRS modulation limits.

Each FRS transmitter type must be designed such that the peak frequency deviation does not exceed 2.5 kHz, and the highest audio frequency contributing substantially to modulation must not exceed 3.125 kHz.

§ 95.577

FRS tone requirements.

In addition to the tones permitted under § 95.377, FRS transmitter types may be designed to transmit brief tones to indicate the end of a transmission.

§ 95.579

FRS unwanted emissions limits.

Each FRS transmitter type must be designed to satisfy the applicable unwanted emissions limits in this paragraph.

(a)

Attenuation requirements.

The power of unwanted emissions must be attenuated below the carrier power output in Watts (P) by at least:

(1) 25 dB (decibels) in the frequency band 6.25 kHz to 12.5 kHz removed from the channel center frequency.

(2) 35 dB in the frequency band 12.5 kHz to 31.25 kHz removed from the channel center frequency.

(3) 43 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 31.25 kHz.

(b)

Measurement bandwidths.

The power of unwanted emissions in the frequency bands specified in paragraphs (a)(1) and (2) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency range specified in paragraph (a)(3) is measured with a reference bandwidth of at least 30 kHz.

(c)

Measurement conditions.

The requirements in this section apply to each FRS transmitter type both with and without the connection of permitted attachments, such as an external speaker, microphone and/or power cord.

§§ 95.581-95.585

[Reserved]

§ 95.587

FRS additional requirements.

Each FRS transmitter type must be designed to meet the following additional requirements.

(a)

Transmit frequency capability.

FRS transmitter types must not be capable of transmitting on any frequency or channel other than those listed in § 95.563.

(b)

Antenna.

The antenna of each FRS transmitter type must meet the following requirements.

(1) The antenna must be a non-removable integral part of the FRS transmitter type.

(2) The gain of the antenna must not exceed that of a half-wave dipole antenna.

(3) The antenna must be designed such that the electric field of the emitted waves is vertically polarized when the unit is operated in the normal orientation.

(c)

Digital data transmissions.

FRS transmitter types having the capability to transmit digital data must be designed to meet the following requirements.

(1) FRS units may transmit digital data containing location information, or requesting location information from one or more other FRS or GMRS units, or containing a brief text message to another specific FRS or GMRS unit or units.

(2) Digital data transmissions must be initiated by a manual action or command of the operator, except that FRS units may be designed to automatically respond with location data upon receiving an interrogation request from another FRS unit or a GMRS unit.

(3) Digital data transmissions must not exceed one second in duration.

(4) Digital data transmissions must not be sent more frequently than one digital data transmission within a thirty-second period, except that an FRS unit may automatically respond to more than one interrogation request received within a thirty-second period.

(d)

Packet mode.

FRS transmitter types must not be capable of transmitting data in the store-and-forward packet operation mode.

(e) Effective September 30, 2019, no person shall manufacture or import hand-held portable radio equipment capable of operating under this subpart (FRS) and other licensed or licensed-by-rule services in this chapter (part 15 unlicensed equipment authorizations are permitted if consistent with part 15 rules).

§ 95.589

[Reserved]

§ 95.591

Sales of FRS combination radios prohibited.

Effective September 30, 2019, no person shall sell or offer for sale hand-held portable radio equipment capable of operating under this subpart (FRS) and under any other licensed or licensed-by-rule radio services in this chapter (devices may be authorized under this subpart with part 15 unlicensed equipment authorizations).

§§ 95.593-95.699

[Reserved]

Subpart C—Radio Control Radio Service

§ 95.701

Scope.

This subpart contains rules that apply only to the Radio Control Radio Service (RCRS).

§ 95.703

Definitions, RCRS.

Model aircraft.

A small imitation of an aircraft, such as an airplane or a helicopter.

Model surface craft.

A small imitation of a boat, car, or other type of vehicle for carrying people or objects, other than an aircraft.

Radio Control Radio Service (

RCRS).

A non-commercial short-distance radio service for wirelessly controlling the

operation of devices, including, but not limited to, model vehicles such as aircraft and surface craft.

RCRS transmitter.

A transmitter that is used or intended to be used in the RCRS.

§§ 95.705-95.717

[Reserved]

§ 95.719

RCRS replacement parts.

The operator of an RCRS transmitter may replace parts of an RCRS transmitter as indicated in this section. All other internal maintenance and repairs must be carried out in accordance with § 95.319.

(a) A damaged antenna may be replaced by another antenna of the same or a compatible similar type.

(b) Batteries in the RCRS transmitter may be replaced with batteries of a type specified by the manufacturer.

(c) To change plug-in modules which were certified as part of the RCRS transmitter.

§§ 95.721-95.723

[Reserved]

§ 95.725

Interference, RCRS.

RCRS operations must not cause interference to, and must accept interference from, certain other radio service operations, as follows:

(a) RCRS stations must not cause interference to:

(1) Authorized radio operations in the 72-76 MHz band, including radio remote control of industrial equipment on the same or adjacent channels; or,

(2) Broadcast television reception on TV Channels 4 or 5.

(b) RCRS operations are not afforded protection from interference caused by the operation of:

(1) Industrial, scientific or medical devices (

see

part 18 of this chapter) operating in the 26-28 MHz band; and,

(2) Fixed and mobile stations in other services operating on the same or adjacent channels.

§§ 95.727-95.729

[Reserved]

§ 95.731

Permissible RCRS use.

RCRS transmitters may only be used to transmit one-way communications and only for the purposes set forth in this section. (One-way communications are transmissions which are not intended to establish communications with another station.)

(a)

Control of model crafts and devices.

When an RCRS transmitter is used to control a model craft or device, the RCRS channels in specific frequency bands must be used, based on the type of model craft or device being controlled, as follows:

(1) RCRS channels in the 72 MHz frequency band may be used only to control and operate model aircraft.

(2) RCRS channels in the 75 MHz frequency band may be used only to control and operate model surface craft.

(3) RCRS channels in the 26-28 MHz frequency band may be used to control or operate any kind of device.

(b)

Telecommand.

Any RCRS channel may be used by the operator to turn on and/or off a device at a remote location.

(c)

Telemetry.

Any RCRS channel in the 26-28 MHz frequency band may be used to transmit a signal from a sensor at a remote location that turns on and/or off an indicating device for the operator.

§ 95.733

Prohibited RCRS use.

The rules in this section restrict certain uses of RCRS transmitters.

(a)

Simultaneous use of multiple channels.

An RCRS station must not transmit simultaneously on more than one RCRS channel in the 72-76 MHz band when such operation would cause harmful interference to other RCRS operations.

(b)

Data transmission.

No person shall use a RCRS transmitter to transmit data. Tones or other types of signal encoding are not considered to be data for the purposes of this paragraph, when used only for the purpose of identifying the specific device among multiple devices that the operator intends to turn on/off or the specific sensor among multiple sensors intended to turn on/off an indicating device for the operator.

(c)

Pay for operation prohibited.

RCRS stations must not be used for commercial purposes. An RCRS operator must not accept direct or indirect payment for operating an RCRS transmitter. An RCRS operator may use an RCRS transmitter to help him or her provide a service and be paid for rendering that service, provided that the payment is only for the service and not for operation of the RCRS transmitter.

(d)

Limited transmission.

No person shall use an RCRS station to transmit any message other than for the operation of devices at remote locations. Accordingly, the transmission of other messages by an RCRS operator, such as voice, telegraphy, etc. is prohibited.

§ 95.735

RCRS equipment certification exception.

Notwithstanding the general requirement of § 95.335, a non-certified RCRS transmitter that transmits only in the 26-28 MHz band and complies with the applicable technical requirements in this subpart may be operated in the RCRS for the purpose of controlling a remote device.

§§ 95.737-95.739

[Reserved]

§ 95.741

RCRS antenna height limit.

If the antenna of a RCRS station operating on a channel in the 26-28 MHz frequency band (whether receiving, transmitting) is installed at a fixed location, the highest point of the antenna must not be more than 6.10 meters (20 feet) higher than the highest point of the building or tree on which it is mounted; or 18.3 meters (60 feet) above the ground. RCRS station antennas must also meet the requirements in § 95.317 regarding menaces to air navigation.

See

47 CFR 95.317 and consult part 17 of the FCC's Rules for more information (47 CFR part 17).

§ 95.743

[Reserved]

§ 95.745

Operation of an RCRS transmitter by remote control.

This section sets forth the conditions under which an RCRS station may be operated by remote control, pursuant to the exception in § 95.345.

(a)

Wireless remote control.

No person shall operate a RCRS station by wireless remote control.

(b)

Wired remote control.

Before operating an RCRS station by wired remote control, the operator must obtain specific approval from the FCC. To obtain FCC approval, the operator must explain why wired remote control is needed.

§§ 95.747-95.755

[Reserved]

§ 95.757

Duration of RCRS Communications.

Communications on RCRS channels shall be limited to the minimum practicable time that is necessary.

§ 95.759

[Reserved]

§ 95.761

RCRS transmitter certification.

(a) Except as provided in § 95.735, each RCRS transmitter (a transmitter that operates or is intended to operate as a station in the RCRS) must be certified in accordance with this subpart and part 2 of this chapter.

(b) A grant of equipment certification for the RCRS will not be issued for any RCRS transmitter type that fails to comply with all of the applicable rules in this subpart.

§ 95.763

RCRS channel frequencies.

The channels listed in this section are allotted for shared use in the RCRS. Each RCRS channel is designated by its center frequency in megahertz.

(a)

26-28 MHz frequency band.

The 26-28 MHz RCRS channel center frequencies are 26.995, 27.045, 27.095, 27.145, 27.195 and 27.255 MHz.

(b)

72 MHz frequency band.

The 72 MHz RCRS channel center frequencies are 72.01, 72.03, 72.05, 72.07, 72.09, 72.11, 72.13, 72.15, 72.17, 72.19, 72.21, 72.23, 72.25, 72.27, 72.29, 72.31, 72.33, 72.35, 72.37, 72.39, 72.41, 72.43, 72.45, 72.47, 72.49, 72.51, 72.53, 72.55, 72.57, 72.59, 72.61, 72.63, 72.65, 72.67, 72.69, 72.71, 72.73, 72.75, 72.77, 72.79, 72.81, 72.83, 72.85, 72.87, 72.89, 72.91, 72.93, 72.95, 72.97, and 72.99 MHz.

(c)

75 MHz frequency band.

The 75 MHz RCRS channel center frequencies are 75.41, 75.43, 75.45, 75.47, 75.49, 75.51, 75.53, 75.55, 75.57, 75.59, 75.61, 75.63, 75.65, 75.67, 75.69, 75.71, 75.73, 75.75, 75.77, 75.79, 75.81, 75.83, 75.85, 75.87, 75.89, 75.91, 75.93, 75.95, 75.97, and 75.99 MHz.

§ 95.765

RCRS frequency accuracy.

Each RCRS transmitter type must be designed to satisfy the frequency accuracy requirements in this section.

(a) Each RCRS transmitter type capable of transmitting on channels in the 72 or 75 MHz frequency band must be designed such that the carrier frequencies remain within ±20 parts-per-million (ppm) of the channel center frequencies listed in § 95.763(b) and (c) during normal operating conditions.

(b) Except as allowed under paragraph (c) of this section, each RCRS transmitter type capable of transmitting in the 26-28 MHz frequency band must be designed such that the carrier frequencies remain within ±50 ppm of the channel center frequencies listed in § 95.763(a) during normal operating conditions.

(c) Each RCRS transmitter type that transmits in the 26-28 MHz frequency band with a mean transmitter power of 2.5 W or less and is used solely by the operator to turn on and/or off a device at a remote location, other than a device used solely to attract attention, must be designed such that the carrier frequencies remain within ±100 ppm of the channel center frequencies listed in § 95.763(a) during normal operating conditions.

§ 95.767

RCRS transmitter power.

Each RCRS transmitter type must be designed such that the transmitter power does not exceed the limits in this section.

(a)

72 and 75 MHz frequency bands.

For an RCRS transmitter operating in the 72 and/or 75 MHz frequency bands, the mean transmitter output power must not exceed 0.75 Watts.

(b)

26-28 MHz frequency band.

For an RCRS transmitter operating on 27.255 MHz, the mean transmitter output power must not exceed 25 Watts. For an RCRS transmitter operating on 26.995, 27.045, 27.095, 27.145, or 27.195 MHz, the mean transmitter output power must not exceed 4 Watts.

§ 95.769

[Reserved]

§ 95.771

RCRS emission types.

Each RCRS transmitter type must be designed to satisfy the emission limitations in this section.

(a)

Permitted emission types.

RCRS transmitter types may transmit any type of non-voice emission that is technically appropriate for radio control use.

(b)

Voice emissions prohibited.

RCRS transmitter types must be incapable of transmitting telephony (voice communications).

§ 95.773

RCRS authorized bandwidth.

Each RCRS transmitter type must be designed such that the occupied bandwidth does not exceed 8 kHz for any emission type.

§§ 95.775-95.777

[Reserved]

§ 95.779

RCRS unwanted emissions.

Each RCRS transmitter type must be designed to satisfy the applicable unwanted emissions limits in this paragraph.

(a)

26-28 MHz frequency band.

For an RCRS transmitter operating in the 26-28 MHz frequency band, the power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) by at least:

(1) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed from the channel center frequency;

(2) 35 dB in the frequency band 8 kHz to 20 kHz removed from the channel center frequency;

(3) 43 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 20 kHz.

(b)

72 and 75 MHz frequency bands.

For an RCRS transmitter operating in the 72 and/or 75 MHz frequency bands, the power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) by at least:

(1) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed from the channel center frequency;

(2) 45 dB in the frequency band 8 kHz to 10 kHz removed from the channel center frequency;

(3) 55 dB in the frequency band 10 kHz to 20 kHz removed from the channel center frequency; and

(4) 56 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 20 kHz.

(c)

Measurement bandwidths.

The power of unwanted emissions in the frequency bands specified in paragraphs (a)(1) and (2) and (b)(1) through (3) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency ranges specified in paragraphs (a)(3) and (b)(4) of this section is measured with a reference bandwidth of at least 30 kHz.

§§ 95.781-95.785

[Reserved]

§ 95.787

RCRS additional requirements.

Each RCRS transmitter type must be designed to satisfy all of the following additional requirements:

(a) The antenna of an RCRS station transmitting in the 72 and/or 75 MHz frequency bands must meet the following requirements:

(1) The antenna must be an integral part of the transmitter;

(2) The gain of the antenna must not exceed that of a half-wave dipole; and

(3) The antenna must be designed such that the electric field of the emitted radio waves is vertically polarized when the transmitter is held in the normal orientation.

(b) Each RCRS transmitter type must be designed to transmit only on one or more of the channels listed in § 95.763.

(c) For RCRS transmitter types incorporating plug-in frequency-determining modules that are intended to be changed by the operator, the modules must be submitted for certification together with the transmitter type. Each module must contain all of the frequency determining circuitry including the oscillator. Plug-in crystals are not considered modules and must not be accessible to the user.

§§ 95.789-95.899

[Reserved]

Subpart D—CB Radio Service

§ 95.901

Scope.

This subpart contains rules that apply only to the CB Radio Service.

§ 95.903

Definitions, CBRS.

CB Radio Service (CBRS).

A mobile and fixed two-way voice communication service for facilitating personal, business or voluntary public service activities, including communications to provide assistance to highway travelers.

CBRS station.

Any transmitter, with or without an incorporated antenna or receiver, which is certified by the FCC to be operated in the CBRS.

Conversation.

An exchange of transmissions between two CBRS stations.

Wireless remote control.

Operation of a CBRS station from a remote location using a wireless link.

§ 95.905

Authority to operate CBRS stations voided by violation of operating rules.

A person's authorization to operate a CBRS station without an individual license pursuant to § 95.305 is voided if that person violates any of the operating rules in this subpart, this part, or other parts of this chapter.

§§ 95.907-95.917

[Reserved]

§ 95.919

CBRS replacement parts.

The operator of a CBRS transmitter may replace parts of the CBRS transmitter as stated in this section. All other internal maintenance and repairs must be carried out in accordance with § 95.319.

(a) A damaged antenna on a hand-held portable CBRS transmitter may be replaced by another antenna of the same or a compatible similar type.

(b) Batteries in a hand-held portable CBRS transmitter may be replaced with batteries of a type specified by the manufacturer.

(c) A detachable external microphone may be replaced with any external microphone that does not alter the modulation characteristics in a way that results in a violation of §§ 95.967, 95.973, 95.975 or 95.979.

(d) Changing plug-in modules which were certified as part of the CBRS transmitter.

§ 95.921

[Reserved]

§ 95.923

CBRS station inspection.

If an authorized FCC representative requests to inspect a CBRS station, the operator must make the station and any station records available for inspection.

(a) A CBRS station includes all of the equipment used in connection with that station.

(b) Station records include the following documents, as applicable:

(1) A copy of each response to an FCC violation notice or an FCC letter.

(2) Each written permission received from the FCC.

§ 95.925

CBRS harmful interference.

If harmonic or other spurious emissions result in harmful interference, the FCC may require appropriate technical changes in the CBRS station equipment to alleviate the interference, including the use of a low pass filter between the transmitter antenna terminals and the antenna feed line.

§ 95.927

CBRS quiet hours.

If a CBRS station causes harmful interference to broadcast or communications services received by the public, and such harmful interference can not be eliminated by technical means (

i.e.,

filters), the FCC may, by written notice to the CBRS station operator, impose limits on the hours of operation of the CBRS station.

§ 95.929

[Reserved]

§ 95.931

Permissible CBRS uses.

The operator of a CBRS station may use that station to transmit two-way plain language voice communications to other CBRS stations and to other stations that are authorized to transmit on CBRS frequencies.

(a)

Emergency communications.

Any CBRS channel may be used for emergency communications or for traveler assistance.

(1) Operators of CBRS stations must, at all times and on all channels, give priority to emergency communications.

(2) CBRS Channel 9 may be used only for emergency communications or traveler assistance. It must not be used for any other purpose.

(b)

One-way communications.

The operator of a CBRS station may use that station to transmit one-way communications for the following purposes:

(1) To call for help or transmit other emergency communications;

(2) To provide warnings of hazardous road conditions to travelers;

(3) To make brief test transmissions (“radio checks”); or,

(4) To transmit voice paging.

(c)

Travelers assistance communications.

The operator of a CBRS station may transmit communications necessary to assist a traveler to reach a destination or to receive necessary services.

§ 95.933

Prohibited CBRS uses.

In addition to the prohibited uses set forth in § 95.333, the operator of a CBRS station must not use a CBRS station:

(a) To transmit one-way communications other than those permitted in § 95.931(b) (transmissions to seek to initiate two-way communications with another station are not considered to be one-way communications);

(b) To advertise or solicit the sale of any goods or services;

(c) To advertise a political candidate or political campaign (a CBRS station may be used for the business or organizational aspects of a campaign);

(d) To communicate with stations in other countries, except General Radio Service stations in Canada;

(e) To transmit communications for live or delayed broadcast on a radio or television broadcast station (a CBRS station may be used to gather news items or to prepare programs);

(f) To transmit music, whistling, sound effects or any other audio material to amuse or entertain; or

(g) To transmit any sound effects solely to attract attention.

§ 95.935

Unauthorized use of non-CBRS transmitters.

The operator of a CBRS station must not use a non-CBRS transmitter to communicate with or attempt to communicate with stations in the CBRS.

(a)

Non-CBRS transmitters.

For the purposes of this section, “non-CBRS transmitters” are transmitters that are technically capable of operation in the 26-30 MHz frequency range, but are intended for use in the Amateur Radio Service (

see

part 97 of this chapter) or other government or non-government radio services, and are not certified for use in the CBRS.

(b)

Unlicensed operation.

The operation of non-CBRS transmitters on the CBRS channels is not authorized by § 95.305 of this part. Accordingly, the FCC considers any such operation to be a violation of section 301 of the Communications Act (47 U.S.C. 301).

§ 95.937

[Reserved]

§ 95.939

External radio frequency power amplifiers prohibited.

The operator of a CBRS station must not use an external radio frequency power amplifier to increase the transmitting power of that CBRS station under any circumstances. There are no exceptions to this rule.

(a) The FCC will presume that the operator of a CBRS station has used an external radio frequency power amplifier in violation of this section if it is in the operator's possession or on the operator's premises and there is other evidence that the CBRS station has been operated with more transmitting power than allowed by § 95.967.

(b) The operator of a CBRS station must not attach an external radio frequency power amplifier to a certified CBRS transmitter.

§ 95.941

CBRS antenna height limits.

The operator of a CBRS station must ensure that the transmitting antenna for the station is not higher than 18.3 meters (60 feet) above the ground, or 6.1 meters (20 feet) higher than the highest point of the building or tree on which it is mounted, whichever is higher. CBRS station antennas must also meet the requirements in § 95.317 regarding menaces to air navigation.

See

§ 95.317 and consult part 17 of the FCC's Rules for more information.

§ 95.943

[Reserved]

§ 95.945

Remote control of a CBRS station.

This section sets forth the conditions under which a CBRS station may be operated by remote control, pursuant to the exception in § 95.345. Operation of a CBRS station using a hands-free or other type of cordless microphone or headset authorized under part 15 is not considered to be remote control.

(a)

Wireless remote control.

No person shall operate a CBRS station by wireless remote control.

(b)

Wired remote control.

Before operating an CBRS station by wired remote control, the operator must obtain specific approval from the FCC. To obtain FCC approval, the operator must explain why wired remote control is needed.

See

§ 95.329 regarding contacting the FCC.

§ 95.947

[Reserved]

§ 95.949

CBRS network connection.

A CBRS station may be connected, acoustically or electrically, to the public switched network, subject to the rules in this section. The purpose of this is to allow operators of other CBRS stations to speak to and hear individuals on the telephone through the connected CBRS station.

(a) The operator of the connected CBRS station must:

(1) Manually make the connection;

(2) Continue to control the station while it is connected;

(3) Listen to each conversation during the connection; and

(4) Stop transmissions immediately if any violation of the CBRS rules occurs.

(b) If a CBRS station is directly (electrically) connected to the public switched network, the connection, including the interface device used, must be in full compliance with all applicable rules in part 68 of this chapter.

§ 95.957

Duration of CBRS Transmissions.

(a) Except as specified in (b) and (c) of this section, the operator of a CBRS station must limit each on-air conversation with the operators of other CBRS stations to no more than five minutes. After an on-air conversation has ended, the operator of a CBRS station must not transmit again on the same channel for at least one minute.

(b) When a CBRS operator is directly participating in emergency communications, it does not have to comply with paragraph (a) of this section regarding length of transmissions and pauses between transmissions. However, the operator must obey all other rules.

(c) When an operator is using its CBRS station to assist a traveler, it does not have to comply with paragraph (a) of this section regarding length of transmissions and pauses between transmissions. However, the operator must obey all other rules.

§ 95.959

[Reserved]

§ 95.961

CBRS transmitter certification.

(a) Each CBRS transmitter (a transmitter that operates or is intended to operate at a station in the CBRS) must be certified in accordance with this subpart and part 2 of this chapter.

(b) A grant of equipment certification for the CBRS will not be issued for any CBRS transmitter type that fails to comply with all of the applicable rules in this subpart.

§ 95.963

CBRS channel frequencies.

The channels listed in this section are allotted for shared use in the CBRS. Each CBRS channel is designated by its center frequency in Megahertz (MHz).

CBRS channel No.

Center

frequency

(MHz)

1

26.965

2

26.975

3

26.985

4

27.005

5

27.015

6

27.025

7

27.035

8

27.055

9

27.065

10

27.075

11

27.085

12

27.105

13

27.115

14

27.125

15

27.135

16

27.155

17

27.165

18

27.175

19

27.185

20

27.205

21

27.215

22

27.225

23

27.255

24

27.235

25

27.245

26

27.265

27

27.275

28

27.285

29

27.295

30

27.305

31

27.315

32

27.325

33

27.335

34

27.345

35

27.355

36

27.365

37

27.375

38

27.385

39

27.395

40

27.405

§ 95.965

CBRS transmit frequency accuracy.

Each CBRS transmitter type must be designed such that the transmit carrier frequency (or in the case of SSB transmissions, the reference frequency) remains within 50 parts-per-million of the channel center frequencies specified in § 95.963 under all normal operating conditions.

§ 95.967

CBRS transmitter power limits.

Each CBRS transmitter type must be designed such that the transmitter power can not exceed the following limits:

(a) When transmitting amplitude modulated (AM) voice signals, the mean carrier power must not exceed 4 Watts.

(b) When transmitting single sideband (SSB) voice signals, the peak envelope power must not exceed 12 Watts.

§ 95.971

CBRS emission types.

Each CBRS transmitter type must be designed such that its capabilities are in compliance with the emission type rules in this section.

(a)

Permitted emission types.

CBRS transmitter types may transmit only AM voice emission type A3E and SSB voice emission types J3E, R3E, or H3E.

(b)

SSB requirements.

Each CBRS transmitter type that transmits emission type J3E, R3E, or H3E must be capable of transmitting only the upper sideband with suppressed, reduced or full carrier, respectively, but may additionally be capable of transmitting only the lower sideband, with suppressed, reduced or full carrier, respectively.

§ 95.973

CBRS authorized bandwidth.

Each CBRS transmitter type must be designed such that the occupied bandwidth does not exceed the authorized bandwidth for the emission type under test.

(a)

AM.

The authorized bandwidth for emission type A3E is 8 kHz.

(b)

SSB.

The authorized bandwidth for emission types J3E, R3E, and H3E is 4 kHz.

§ 95.975

CBRS modulation limits.

Each CBRS transmitter type must be designed such that the modulation characteristics are in compliance with the rules in this section.

(a) When emission type A3E is transmitted with voice modulation, the modulation percentage must be at least 85%, but not more than 100%.

(b) When emission type A3E is transmitted by a CBRS transmitter having a transmitter output power of more than 2.5 W, the transmitter must contain a circuit that automatically prevents the modulation percentage from exceeding 100%.

§ 95.977

CBRS tone transmissions.

In addition to the tones permitted under § 95.377, CBRS transmitter types may be designed to transmit brief tones to indicate the beginning or end of a transmission.

§ 95.979

CBRS unwanted emissions limits.

Each CBRS transmitter type must be designed to comply with the applicable unwanted emissions limits in this section.

(a)

Attenuation requirements.

The power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) as specified in the applicable paragraphs listed in the following table:

Emission type

Paragraph

A3E

(1), (3), (5), (6)

H3E, J3E, R3E

(2), (4), (5), (6)

(1) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed from the channel center frequency;

(2) 25 dB in the frequency band 2 kHz to 6 kHz removed from the channel center frequency;

(3) 35 dB in the frequency band 8 kHz to 20 kHz removed from the channel center frequency;

(4) 35 dB in the frequency band 6 kHz to 10 kHz removed from the channel center frequency;

(5) 53 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 250% of the authorized bandwidth.

(6) 60 dB in any frequency band centered on a harmonic (

i.e.,

an integer multiple of two or more times) of the carrier frequency.

(b)

Measurement bandwidths.

The power of unwanted emissions in the frequency bands specified in paragraphs (a)(1) through (4) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency ranges specified in paragraphs (a)(5) and (6) of this section is measured with a reference bandwidth of at least 30 kHz.

(c)

Measurement conditions and procedures.

Subject to additional measurement standards and procedures established pursuant to part 2, subpart J, the following conditions and procedures must be used.

(1) The unwanted emissions limits requirements in this section must be met both with and without the connection of permitted attachments, such as external speakers, microphones, power cords and/or antennas.

(2) Either mean power output or peak envelope power output may be used for measurements, as appropriate for the emission type under test, provided that the same type of power measurement is used for both the transmitter output power and the power of the unwanted emissions.

§§ 95.981-95.985

[Reserved]

§ 95.987

CBRS additional requirements.

Each CBRS transmitter type must be designed to satisfy all of the additional requirements in this section.

(a)

Transmit frequency capability.

Each CBRS transmitter type must be designed to transmit only on one or more of the channels listed in § 95.963. No CBRS transmitter type will be certified for use in the CBRS service if it is capable of transmitting on any frequency or channel other than those listed in § 95.963, unless such transmitter type is also certified for use in another radio service for which the frequency capability is authorized and for which FCC certification is also required.

(b)

Frequency determining circuitry.

All frequency determining circuitry (including crystals) and programming controls in each CBRS transmitter type must be internal to the transmitter and must not be accessible from the operating panel or from the exterior of the transmitter enclosure.

(c)

Final amplifier component ratings.

The dissipation rating of all the semiconductors or electron tubes which supply RF power to the antenna terminals of each CB transmitter must not exceed 10 Watts. For semiconductors, the dissipation rating is the greater of the collector or device dissipation value established by the manufacturer of the semiconductor. These values may be temperature de-rated by no more than 50 °C. For an electron tube, the dissipation rating is the Intermittent Commercial and Amateur Service plate dissipation value established by the manufacturer of the electron tube.

(d)

External controls.

Only the external transmitter controls, connections or devices listed in this paragraph are allowed to be incorporated in a CBRS transmitter type. The FCC, however, may authorize additional controls, connections or devices after considering the functions to be performed by such additions.

(1) Primary power connection. External power supplies may be used.

(2) Microphone connection.

(3) Antenna connection.

(4) Headphone and speaker output connections and related selector switch.

(5) On-off switch for primary power to the transmitter. This switch may be combined with receiver controls such as the receiver on-off switch and volume control.

(6) Upper/lower sideband selector switch (for a transmitter that is capable of transmitting SSB emissions).

(7) Carrier level selector control (for a transmitter that is capable of transmitting SSB emissions). This control may be combined with the sideband selector switch.

(8) Channel selector switch.

(9) Transmit/receive selector switch.

(10) Meter(s) and selector switch(es) for monitoring transmitter performance.

(11) Pilot lamp(s), meter(s), light emitting diodes, liquid crystal devices or other types of visual display devices to indicate the presence of RF output power or that the transmitter control circuits are activated to transmit.

§ 95.989

[Reserved]

§ 95.991

CBRS marketing limitations.

Marketing of devices that could be used with CBRS stations resulting in violation of the rules in this part is prohibited.

(a)

External radio frequency power amplifiers.

No person shall manufacture, import, sell or offer for sale any external radio frequency power amplifier capable of operation below 144 MHz and intended for use in the CBRS.

See

§ 2.815 of this chapter.

(b)

External frequency determining devices.

No person shall manufacture, import, sell or offer for sale, any add-on device, whether internal or external, the function of which is to extend the transmitting frequency capability of a CBRS transmitter beyond that allowed by §§ 95.963 and 95.965.

§§ 95.993-95.1699

[Reserved]

Subpart E—General Mobile Radio Service

§ 95.1701

Scope.

This subpart contains rules that apply only to the General Mobile Radio Service (GMRS).

§ 95.1703

Definitions, GMRS.

General Mobile Radio Service (GMRS).

A mobile two-way voice communication service, with limited data applications, for facilitating activities of individual licensees and their family members, including, but not limited to, voluntary provision of assistance to the public during emergencies and natural disasters.

Grandfathered GMRS license.

A GMRS license held by a non-individual person (

i.e.,

a partnership, corporation, association or governmental unit) as a result of renewals of a GMRS license issued prior to July 31, 1987.

§ 95.1705

Individual licenses required; eligibility; who may operate; cooperative use.

A valid individual license is required to operate a GMRS station. To obtain an individual license, an applicant must be eligible and follow the applicable rules and procedures set forth in this subpart and in part 1 of this chapter, and must pay the required application and regulatory fees as set forth in part 1, subpart G of this chapter.

(a)

Eligibility.

This paragraph contains eligibility requirements for individual licenses in the GMRS.

(1) Only an individual who is at least 18 years old and who meets the requirements of § 95.305 is eligible to obtain a new individual GMRS license.

(2) Any person that holds a valid individual license is eligible to obtain a renewed license, or a modified license to reflect a change of name or address.

(b)

Individual licensee responsibility.

The holder of an individual license to operate GMRS stations is responsible at all times for the proper operation of the stations in compliance with all applicable rules in this part.

(c)

Individuals who may operate a GMRS station.

This paragraph establishes who may operate a GMRS station under the authority of an individual license.

(1) Any individual who holds an individual license may operate his or her GMRS stations.

(2) Any individual who holds an individual license may allow his or her immediate family members to operate his or her GMRS station or stations. Immediate family members are the licensee's spouse, children, grandchildren, stepchildren, parents, grandparents, stepparents, brothers, sisters, aunts, uncles, nieces, nephews, and in-laws.

(3) Any individual who holds an individual license may allow anyone to operate his or her GMRS station if necessary to communicate an emergency message.

(4) Any non-individual person that holds a grandfathered GMRS license may allow individuals to operate its grandfathered GMRS station(s) only in accordance with the following paragraphs:

(i) A partnership may allow its partners and employees to operate its GMRS station(s).

(ii) A corporation may allow its officers, directors, members and employees to operate its GMRS station(s).

(iii) An association may allow its members and employees to operate its GMRS station(s).

(iv) A governmental unit may allow its employees to operate its GMRS station(s).

(d)

Individual licensee duties.

The holder of an individual license:

(1) Shall determine specifically which individuals, including family members, are allowed to operate (

i.e.,

exercise operational control over) its GMRS station(s) (

see

paragraph (c) of this section);

(2) May allow any person to use (

i.e.,

benefit from the operation of) its GMRS repeater, or alternatively, may limit the use of its GMRS repeater to specific persons;

(3) May disallow the use of its GMRS repeater by specific persons as may be necessary to carry out its responsibilities under this section.

(e)

Individual license term.

Each individual license in the GMRS will normally have a term of ten years from the date of grant or renewal, and may be renewed pursuant to the procedures in part 1 of this chapter. The FCC may grant a shorter license term at renewal as a sanction for violation of the FCC rules.

(f)

Cooperative use of GMRS stations.

GMRS licensees may share the use of their stations with other persons eligible in the GMRS, subject to the conditions and limitations in this paragraph.

(1) The GMRS station to be shared must be individually owned by the licensee, jointly owned by the participants and the licensee, leased individually by the licensee, or leased jointly by the participants and the licensee.

(2) The licensee must maintain access to and control over all stations authorized under its license.

(3) A station may be shared only:

(i) Without charge;

(ii) On a non-profit basis, with contributions to capital and operating expenses including the cost of mobile stations and paging receivers prorated equitably among all participants; or

(iii) On a reciprocal basis,

i.e.,

use of one licensee's stations for the use of another licensee's stations without charge for either capital or operating expenses.

(4) All sharing arrangements must be conducted in accordance with a written agreement to be kept as part of the station records.

(g)

Limitations on grandfathered GMRS licenses.

GMRS licenses that were issued prior to July 31, 1987 authorized GMRS station operation at specified locations, on specified channels, and with specified antenna height and transmitter power. Grandfathered GMRS licenses authorize only continued operation of those specific stations by these licensees, at the specified locations, channels, antenna heights and transmitting power. The FCC does not accept applications to modify, assign, or transfer grandfathered GMRS licenses (other than administrative updates to change contact information).

§§ 95.1707-95.1721

[Reserved]

§ 95.1723

GMRS station inspection.

If an authorized FCC representative requests to inspect a GMRS station, the operator must make the station and any station records available for inspection.

(a) A GMRS station includes all of the equipment used in connection with that station.

(b) Station records include the following documents, as applicable:

(1) A copy of each response to an FCC violation notice or an FCC letter.

(2) Each written permission received from the FCC.

(3) Any written agreement regarding sharing arrangements pursuant to § 95.1705(f)(4) of this part.

§§ 95.1725-95.1729

[Reserved]

§ 95.1731

Permissible GMRS uses.

The operator of a GMRS station may use that station for two-way plain language voice communications with other GMRS stations and with FRS units concerning personal or business activities.

(a)

Emergency communications.

Any GMRS channel may be used for emergency communications or for traveler assistance. Operators of GMRS stations must, at all times and on all channels, give priority to emergency communications.

(b)

One-way communications.

The operator of a GMRS station may use that station to transmit one-way communications:

(1) To call for help or transmit other emergency communications;

(2) To provide warnings of hazardous road conditions to travelers; or,

(3) To make brief test transmissions.

(c)

Travelers assistance.

The operator of a GMRS station may transmit communications necessary to assist a traveler to reach a destination or to receive necessary services.

(d)

Digital data.

GMRS hand-held portable units may transmit digital data containing location information, or requesting location information from one or more other GMRS or FRS units, or containing a brief text message to another specific GMRS or FRS unit.

§ 95.1733

Prohibited GMRS uses.

(a) In addition to the prohibited uses outlined in § 95.333 of this chapter, GMRS stations must not communicate:

(1) Messages in connection with any act

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