[Code of Federal Regulations]
[Title 47, Volume 5, Parts 80 to end]
[Revised as of October 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95]

[Page 621-674]
 
                       TITLE 47--TELECOMMUNICATION
 
       CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 95--PERSONAL RADIO SERVICES

             Subpart A--General Mobile Radio Service (GMRS)

                           General Provisions

Sec.
95.1  The General Mobile Radio Service (GMRS).
95.3  License required.
95.5  License eligibility.
95.7  Channel sharing.

               Considerations When Planning a GMRS System

95.21  GMRS system description.
95.23  Mobile station description.
95.25  Land station description.
95.27  Paging receiver description.
95.29  Channels available.
95.31  Overlap of GMRS systems.
95.33  Cooperative use of radio stations in the GMRS.
95.35  Multiple licensing of radio transmitting equipment in the GMRS.
95.37  Considerations near the Canadian border.
95.39  Considerations near FCC monitoring stations.
95.41  Considerations in the National Radio Quiet Zone.
95.43  Environmental considerations.
95.45  Considerations on Department of Defense land.
95.47  Considerations in large urban areas.
95.49  Considerations near large urban areas.
95.51  Antenna height.
95.53  Mobile station communication points.
95.55  Base station communication points.
95.57  Mobile relay station communication points.
95.59  Control station communication points.
95.61  Fixed station communication points.

                   Applying for a GMRS System License

95.71  Applying for a new or modified license.
95.72  Applying for an STA or waiver of the rules.
95.73  System licensing.
95.75  Basic information.
95.77  Additional information for GMRS systems with land stations at 
          four or more locations.
95.79  Additional information for stations in the National Radio Quiet 
          Zone.
95.83  Additional information for stations with antennas higher than 
          normally allowed.
95.85  Additional information for stations near United States borders.
95.87  Who may sign applications.
95.89  Renewing a license.

                         Managing a GMRS System

95.101  What the license authorizes.
95.103  Licensee duties.
95.105  License term.
95.107  Keeping the license.
95.109  License not transferable.
95.111  Transfer of control of a corporation.
95.113  System records.
95.115  Station inspection.
95.117  Where to contact the FCC.
95.119  Station identification.
95.121  Transmitting channel.
95.123  Sharing a station or sharing equipment.
95.125  Station control point.
95.127  Controlling a station from a remote point.
95.129  Station equipment.
95.131  Servicing station transmitters.
95.133  Modification to station transmitters.
95.135  Maximum authorized transmitting power.
95.137  Moving a small base station or a small control station.
95.139  Adding a small base station or a small control station.
95.141  Interconnection prohibited.
95.143  Managing a GMRS system in an emergency.

                        Operating a GMRS Station

95.171  Station operator at control point.
95.173  Station operator duties.
95.175  Cooperation in sharing channels.
95.177  Responsibility for station operator's communications.
95.179  Individuals who may be station operators.
95.181  Permissible communications.


Appendix A to Subpart A to Part 95--Making a Control Station Power Test
Appendix B to Subpart A to Part 95--Where the Large Urban Areas Are 
          Located

                  Subpart B--Family Radio Service (FRS)

                           General Provisions

95.191  (FRS Rule 1)  Eligibility and responsibility.
95.192  (FRS Rule 2)  Authorized locations.
95.193  (FRS Rule 3)  Types of communications.
95.194  (FRS Rule 4)  FRS units.

              Subpart C--Radio Control (R/C) Radio Service

                           General Provisions

95.201  (R/C Rule 1)  What is the Radio Control (R/C) Radio Service?
95.202  (R/C Rule 2)  How do I use these rules?
95.203  (R/C Rule 3)  Am I eligible to operate an R/C station?

[[Page 622]]

95.204  (R/C Rule 4)  Do I need a license?
95.205  (R/C Rule 5)  Where may I operate my R/C station?
95.206  (R/C Rule 6)  Are there any special restrictions on the location 
          of my R/C station?

                      How To Operate an R/C Station

95.207  (R/C Rule 7)  On what channels may I operate?
95.208  (R/C Rule 8)  How high may I put my antenna?
95.209  (R/C Rule 9)  What equipment may I use at my R/C station?
95.210  (R/C Rule 10)  How much power may I use?
95.211  (R/C Rule 11)  What communications may be transmitted?
95.212  (R/C Rule 12)  What communications are prohibited?
95.213  (R/C Rule 13)  May I be paid to use my R/C station?
95.214  (R/C Rule 14)  Who is responsible for R/C communications I make?
95.215  (R/C Rule 15)  Do I have to limit the length of my 
          communications?
95.216  (R/C Rule 16)  Do I identify my R/C communications?
95.217  (R/C Rule 17)  May I operate my R/C station transmitter by 
          remote control?

                      Other Things You Need to Know

95.218  (R/C Rule 18)  What are the penalties for violating these rules?
95.219  (R/C Rule 19)  How do I answer correspondence from the FCC?
95.220  (R/C Rule 20)  What must I do if the FCC tells me that my R/C 
          station is causing interference?
95.221  (R/C Rule 21)  How do I have my R/C transmitter serviced?
95.222  (R/C Rule 22)  May I make any changes to my R/C station 
          transmitter?
95.223  (R/C Rule 23)  Do I have to make my R/C station available for 
          inspection?
95.224  (R/C Rule 24)  What are my station records?
95.225  (R/C Rule 25)  How do I contact the FCC?

               Subpart D--Citizens Band (CB) Radio Service

                           General Provisions

95.401  (CB Rule 1) What are the Citizens Band Radio Services?
95.402  (CB Rule 2) How do I use these rules?
95.403  (CB Rule 3) Am I eligible to operate a CB station?
95.404  (CB Rule 4) Do I need a license?
95.405  (CB Rule 5) Where may I operate my CB station?
95.406  (CB Rule 6) Are there any special restrictions on the location 
          of my CB station?

                       How To Operate a CB Station

95.407  (CB Rule 7) On what channels may I operate?
95.408  (CB Rule 8) How high may I put my antenna?
95.409  (CB Rule 9) What equipment may I use at my CB station?
95.410  (CB Rule 10) How much power may I use?
95.411  (CB Rule 11) May I use power amplifiers?
95.412  (CB Rule 12) What communications may be transmitted?
95.413  (CB Rule 13) What communications are prohibited?
95.414  (CB Rule 14) May I be paid to use my CB station?
95.415  (CB Rule 15) Who is responsible for communications I make?
95.416  (CB Rule 16) Do I have to limit the length of my communications?
95.417  (CB Rule 17) Do I identify my CB communications?
95.418  (CB Rule 18) How do I use my CB station in an emergency or to 
          assist a traveler?
95.419  (CB Rule 19) May I operate my CB station transmitter by remote 
          control?
95.420  (CB Rule 20) May I connect my CB station transmitter to a 
          telephone?

                      Other Things You Need To Know

95.421  (CB Rule 21) What are the penalties for violating these rules?
95.422  (CB Rule 22) How do I answer correspondence from the FCC?
95.423  (CB Rule 23) What must I do if the FCC tells me that my CB 
          station is causing interference?
95.424  (CB Rule 24) How do I have my CB station transmitter serviced?
95.425  (CB Rule 25) May I make any changes to my CB station 
          transmitter?
95.426  (CB Rule 26) Do I have to make my CB station available for 
          inspection?
95.427  (CB Rule 27) What are my station records?
95.428  (CB Rule 28) How do I contact the FCC?

                    Subpart E--Technical Regulations

                           General Provisions

95.601  Basis and purpose.
95.603  Type acceptance or certification required.
95.605  Type acceptance and certification procedures.
95.607  CB transmitter modification.

                           Technical Standards

95.621  GMRS transmitter channel frequencies.
95.623  R/C transmitter channel frequencies.
95.625  CB transmitter channel frequencies.
95.627  FRS unit channel frequencies.

[[Page 623]]

95.629  LPRS transmitter frequencies.
95.631  Emission types.
95.633  Emission bandwidth.
95.635  Unwanted radiation.
95.637  Modulation standards.
95.639  Maximum transmitter power.

                      Type Acceptance Requirements

95.645  Control accessibility.
95.647  FRS unit and R/C transmitter antennas.
95.649  Power capability.
95.651  Crystal control required.
95.653  Instructions and warnings.
95.655  Frequency capability.

       Additional Type Acceptance Requirements For CB Transmitters

95.665  [Reserved]
95.667  CB transmitter power.
95.669  External controls.
95.671  Serial number.
95.673  Copy of rules.


Appendix 1 to Subpart E to Part 95--Glossary of Terms

          Subpart F--Interactive Video and Data Service (IVDS)

                           General Provisions

95.801  Scope.
95.803  IVDS description.
95.805  Permissible communications.

                       System License Requirements

95.811  License requirements.
95.813  Eligibility.
95.815  License application.
95.816  Competitive bidding proceedings.
95.817  Application for renewal of license.
95.819  License transferability.
95.821  Application for transfer of control.

                           System Requirements

95.831  Service requirements.
95.833  Construction requirements.
95.835  Station identification.
95.837  Station inspection.
95.839  Operation in the National Radio Quiet Zone.
95.841  Operation near a Commission monitoring facility.

                           Technical Standards

95.851  Type acceptance.
95.853  Frequency segments.
95.855  Transmitter effective radiated power limitation.
95.857  Emission standards.
95.859  Antennas.
95.861  Interference.
95.863  Duty cycle.

               Subpart G--Low Power Radio Service (LPRS).

                           General Provisions

95.1001  Eligibility.
95.1003  Authorized locations.
95.1005  Station identification.
95.1007  Station inspection.
95.1009  Permissible communications.
95.1011  Channel use policy.
95.1013  Antennas.
95.1015  Disclosure policies.
95.1017  Labeling requirements.
95.1019  Marketing limitations.

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 
154, 303.

             Subpart A--General Mobile Radio Service (GMRS)

    Source: 48 FR 35237, Aug. 3, 1983, unless otherwise noted.

                           General Provisions

Sec. 95.1  The General Mobile Radio Service (GMRS).

    (a) The GMRS is a land mobile radio service available to persons for 
short-distance two-way communications to facilitate the activities of 
licensees and their immediate family members. Each licensee manages a 
system consisting of one or more stations.
    (b) The Interactive Video and Data Service (IVDS) is a two-way 
point-to-multipoint radio service intended for system licensees to 
provide information, products, and services, and to obtain responses 
from, subscribers in a specific service area. The rules for this service 
are contained in subpart F of this part.
[48 FR 35237, Aug. 3, 1983, as amended at 50 FR 7345, Feb. 22, 1985; 53 
FR 47714, Nov. 25, 1988; 57 FR 8275, Mar. 9, 1992; 62 FR 23163, Apr. 29, 
1997]

Sec. 95.3  License required.

    Before any station transmits on any channel authorized in the GMRS 
from any point (a geographical location) within or over the territorial 
limits of any area where radio services are regulated by the FCC, the 
responsible party must obtain a license (a written authorization from 
the FCC for a GMRS system).
[53 FR 47714, Nov. 25, 1988]

[[Page 624]]

Sec. 95.5  License eligibility.

    An individual (one man or one woman) is eligible to obtain, renew 
and have modified a GMRS system license if that individual is 18 years 
of age or older and is not a representative of a foreign government. A 
non-individual (an entity other than an individual) is ineligible to 
obtain a new GMRS system license or to make a major modification to an 
existing GMRS system licenses (see Sec. 95.71(e)). Certain non-
individuals are eligible to renew existing GMRS system license (see 
Sec. 95.89 (c) and (d)).
[53 FR 47714, Nov. 25, 1988; 53 FR 51625, Dec. 22, 1988]

Sec. 95.7  Channel sharing.

    (a) Channels or channel pairs are available to GMRS systems only on 
a shared basis and will not be assigned for the exclusive use of any 
licensee. All station operators and GMRS system licensees must cooperate 
in the selection and use of channels to reduce interference and to make 
the most effective use of the facilities.
    (b) Licensees of GMRS systems suffering or causing harmful 
interference are expected to cooperate and resolve this problem by 
mutually satisfactory arrangements. If the licensees are unable to do 
so, the FCC may impose restrictions including specifying the transmitter 
power, antenna height, or area or hours of operation of the stations 
concerned. Further, the use of any frequency at a given geographical 
location may be denied when, in the judgment of the FCC, its use in that 
location is not in the public interest; the use of any channel or 
channel pair may be restricted as to specified geographical areas, 
maximum power, or other operating conditions (see Sec. 95.71(d)).
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988]

               Considerations When Planning a GMRS System

Sec. 95.21  GMRS system description.

    (a) A GMRS system is one or more transmitting units used by station 
operators to communicate messages. A GMRS system is comprised of:
    (1) One or more station operators;
    (2) One mobile station consisting of one or more mobile units (see 
Sec. 95.23);
    (3) One or more land stations (optional); and
    (4) Paging receivers (optional).
    (b) In certain areas, point-to-point GMRS systems may be comprised 
of fixed stations only (see Secs. 95.47, 95.49 and 95.61).
    (c) A GMRS system may be operated in:
    (1) Simplex mode. (Only one station operator can speak at a time.)
    (2) Duplex mode. (Two station operators can speak at the same time. 
One or more stations transmit on one channel. The other station(s) 
transmit(s) on the channel pair counterpart.)
    (3) A combined simplex-duplex mode. (E.g., a mobile relay system 
with mobile units operating in simplex mode on a channel pair.)

Sec. 95.23  Mobile station description.

    (a) A mobile station is one or more units which transmit while 
moving or during temporary stops at unspecified points.
    (b) A mobile station unit may transmit from any point within or over 
any areas where radio services are regulated by the FCC except where 
additional considerations apply (see Secs. 95.37 through 95.49).
    (c) A mobile station unit may transmit from an aircraft or ship, 
with the captain's permission, which is:
    (1) Within or over any area where radio services are regulated by 
the FCC except where additional restrictions apply; and
    (2) On or over international waters, if the unit is transmitting 
from an aircraft or ship of United States registry.
    (d) A mobile station unit must not transmit from points within or 
over the territorial limits of any area where radio services are 
regulated only by:
    (1) A foreign government; or
    (2) A United States government agency other than the FCC.
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984]

Sec. 95.25  Land station description.

    (a) A land station is a unit which transmits only from:
    (1) An exact point as shown on the license; or

[[Page 625]]

    (2) An unspecified point within an operating area (an area within a 
circle centered on a point chosen by the applicant) as shown on the 
license, for a temporary period (one year or less).
    (b) The point from which every land station transmits must be within 
an area where radio services are regulated by the FCC.
    (c) Each land station is classified according to its communications 
points (the other stations or paging receivers to which the station 
operator communicates messages). There are four land station classes:
    (1) Base station (see Sec. 95.55);
    (2) Mobile relay station (see Sec. 95.57);
    (3) Control station (see Sec. 95.59); and
    (4) Fixed station (see Sec. 95.61).
    (d) A small control station is any control station which:
    (1) Has an antenna no more than 6.1 meters (20 feet) above the 
ground or above the building or tree on which it is mounted (see 
Sec. 95.51); and
    (2) Is: (i) South of Line A or west of Line C (see Sec. 95.37); or
    (ii) North of Line A or east of Line C, and the station transmits 
with no more than 5 watts ERP (effective radiated power).
    (e) A small base station is any base station that:
    (1) Has an antenna no more than 6.1 meters (20 feet) above the 
ground or above the building or tree on which it is mounted (see 
Sec. 95.51); and
    (2) Transmits with no more than 5 watts ERP.
    (f) A land station may be licensed to transmit as more than one 
station class. (Example: A land station is licensed as both a base 
station and a control staton. When it is transmitting as a base station 
its communication points are those of a base station (see Sec. 95.55). 
When it is transmitting as a control station its communication points 
are those of a control station (see Sec. 95.59).)
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988; 53 
FR 51625, Dec. 22, 1988]

Sec. 95.27  Paging receiver description.

    A paging receiver is a unit capable of receiving the radio signals 
from a base station for the bearer to hear a page (someone's name or 
other identifier said in order to find, summon or notify him/her) spoken 
by the base station operator.

Sec. 95.29  Channels available.

    (a) The licensee of the GMRS system must select the transmitting 
channel or channel pair for the stations in the GMRS system from the 
following lists:
    (1) For a base station, mobile relay station, fixed station or 
mobile station, the following 462 MHz (megahertz) channels;

    462.5500, 462.5750, 462.6000, 462.6250, 462.6500, 462.6750, 462.7000 
and 462.7250.

    (2) For a mobile station, control station or fixed station operated 
in the duplex mode, the following 467 MHz channels:

    467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 
467.7000, and 467.7250.

    (3) As of December 31, 1993, the 467 MHz channels may be used only 
to transmit communications through a mobile relay station and for 
remotely controlling a mobile relay station. As of December 31, 1993, no 
station in a GMRS system may transmit communications directly (not 
through a mobile relay station) on the 467 MHz channels.
    (b) The FCC will normally assign only one channel or one channel 
pair (one 462 MHz channel and its counterpart 5 MHz spaced 467 MHz 
channel) to a GMRS system comprised of stations intended for operation 
in the simplex mode. A second channel or channel pair will be assigned 
at the request of the applicant.
    (c) The FCC will normally assign only one channel pair to a GMRS 
system comprised of stations intended for operation in the duplex mode. 
A second channel pair will be assigned at the request of the applicant.
    (d) No GMRS system may be assigned more than two channels or channel 
pairs. Stations in certain GMRS systems may, however, also transmit on 
additional frequencies listed in the following paragraphs, in accord 
with the conditions specified.
    (e) Mobile stations in a GMRS system licensed to an individual that 
is not specifically authorized for the 462.675 MHz/467.675 MHz channel 
pair may transmit on that channel pair with the following limitations:

[[Page 626]]

    (1) The communications must be for the purpose of soliciting or 
rendering assistance to a traveler, or for communicating in an emergency 
pertaining to the immediate safety of life or the immediate protection 
of property; and
    (2) The frequency 467.675 MHz may be used only for the purposes of 
accessing and communicating through a mobile relay station transmitting 
on 462.675 MHz.
    (f) Except for a GMRS system licensed to a non-individual, a mobile 
station or a small base station operating in the simplex mode may 
transmit on the following 462 MHz interstitial channels:

    462.5625, 462.5875, 462.6125, 462,6375, 462.6625, 462.6875 and 
462.7125.


These channels may be used only under the following conditions:
    (1) Only voice type emissions may be transmitted;
    (2) The station does not transmit one-way pages; and
    (3) The station transmits with no more than 5 watts ERP.
    (g) Fixed stations in GMRS systems authorized before March 18, 1968, 
located 160 kilometers (100 miles) or more from the geographic center of 
urbanized areas of 200,000 or more population as defined in the U.S. 
Census of Population, 1960, Vol. 1, Table 23, page 50 that were 
authorized to transmit on channels other than those listed in this 
section may continue to transmit on their originally assigned channels 
provided that they cause no interference to the operation of stations in 
any of the part 90 private land mobile radio services.
[53 FR 47715, Nov. 25, 1988]

Sec. 95.31  Overlap of GMRS systems.

    An entity may not have a base station or a mobile relay station for 
that entity's GMRS system within 64.4 kilometers (40 miles) of a base 
station or a mobile relay station for another GMRS system licensed to 
the same entity. Base stations and mobile relay stations licensed to the 
same entity in two different GMRS systems less than 64.4 kilometers (40 
miles) apart which were authorized prior to October 16, 1983 are not 
subject to the provisions of this rule.
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984]

Sec. 95.33  Cooperative use of radio stations in the GMRS.

    (a) Licensees (a licensee is the entity to which the license is 
issued) of radio stations in the GMRS may share the use of their 
stations with other entities eligible in the GMRS, subject to the 
following conditions and limitations.
    (1) The 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.
    (b) Participants in a cooperatively shared GMRS mobile relay or base 
station may obtain a license for their own mobile station(s), provided 
that the licensee of the shared GMRS station consents in writing to the 
issuance of such authorization.

Sec. 95.35  Multiple licensing of radio transmitting equipment in the 
          GMRS.

    Two or more persons licensed in the GMRS may use the same 
transmitting equipment under the following terms and conditions:
    (a) Each licensee complies with the general operating requirements 
set out in Secs. 95.171 through 95.181 of the rules; and

[[Page 627]]

    (b) Each licensee must have access to the transmitter for which the 
licensee is authorized.

Sec. 95.37  Considerations near the Canadian border.

    The United States and the Government of Canada coordinate channel 
assignments to certain radio stations in areas along their common 
borders north of Line A and east of Line C. (See Sec. 1.955 of the FCC 
Rules.)

Sec. 95.39  Considerations near FCC monitoring facilities.

    The FCC may impose additional restrictions on a land station in a 
GMRS system if it is at a point within 4.8 kilometers (3 miles) of an 
FCC monitoring facility and the station's transmissions degrade, 
obstruct, or repeatedly interrupt the operation of the equipment at the 
FCC monitoring facility. Before applying for license to put a land 
station at such a point, or before applying to change anything in a 
station already licensed for such a point, you should consult the FCC by 
writing to the Chief, Compliance and Information Bureau, Federal 
Communications Commission, Washington, DC 20554.
[53 FR 47715, Nov. 25, 1988, as amended at 60 FR 50123, Sept. 28, 1995; 
61 FR 8478, Mar. 5, 1996]

Sec. 95.41  Considerations in the National Radio Quiet Zone.

    (a) The FCC may impose additional restrictions on a land station in 
a proposed GMRS system, or on one in a GMRS system proposed for 
modification, if the station is proposed for or located at a point 
within the National Radio Quiet Zone (an area within the States of 
Maryland, Virginia and West Virginia). The Zone is the area bounded by:
    (1) 39 deg.15' N. on the North;
    (2) 78 deg.30' W. on the East;
    (3) 37 deg.30' N. on the South; and
    (4) 80 deg.30' W. on the West.
    (b) When applying for a license to put a land station at a point in 
the National Radio Quiet Zone, or when applying to change certain 
details in a station already licensed for such a point, the applicant 
must send a notice to the National Radio Astronomy Observatory (see 
Sec. 95.79).
    (c) Restrictions may be imposed if the National Radio Astronomy 
Observatory files an objection with the FCC within 20 days after the 
application is filed with the FCC.

Sec. 95.43  Environmental considerations.

    An application for AMRS system that includes a local station which 
may have a significant impact upon the environment, as specified in 
Sec. 1.1307 of this chapter, must be accompanied by an environmental 
assessment as set forth in Sec. 1.1311 of this chapter.
[55 FR 20398, May 16, 1990]

Sec. 95.45  Considerations on Department of Defense land.

    The Department of Defense may impose additional restrictions on a 
station transmitting on its land. (Before applying to place or modify a 
station at such a point, an applicant should consult with the commanding 
officer in charge of the land.)

Sec. 95.47  Considerations in large urban areas.

    (a) No fixed station may be at any point within a large urban area.
    (b) A control station at a point within a large urban area must 
have:
    (1) A directional antenna (at least 15 decibel front-to-back ratio); 
and
    (2) No more transmitter power than determined by a control station 
power test (a test to determine the appropriate transmitter power (see 
appendix A)).
    (c) Where these rules use the term large urban area, it means a 
circular region extending out 121 kilometers (75 miles) in all 
directions around the geographic center of certain cities.
    (d) The large urban areas and their geographic centers are shown in 
appendix B.
    (e) Control stations and fixed stations authorized before October 
16, 1983 located beyond 121 kilometers (75 miles) of the geographic 
center of urbanized areas of 200,000 or more population as defined in 
the U.S. Census of Population, 1960, Vol. 1, table 23, page 50, are not 
subject to the restrictions of this rule section.

[[Page 628]]

Sec. 95.49  Considerations near large urban areas.

    (a) A fixed station at a point near a large urban area must have:
    (1) A directional antenna (at least 15 decibel front-to-back ratio); 
and
    (2) No more than 15 watts transmitter power output.
    (b) Where these rules use the term near a large urban area, it means 
the region within a circular band around a large urban area. The band is 
40 kilometers (25 miles) wide. It begins at the rim of the large urban 
area, and extends out 161 kilometers (100 miles) around the geographic 
center of the city.
    (c) Fixed stations authorized before October 16, 1983 located beyond 
161 kilometers (100 miles) of the geographic center of urbanized areas 
of 200,000 or more population as defined in the U.S. Census of 
Population, 1960, Vol. 1, table 23, page 50, are not subject to the 
restrictions of this rule section.

Sec. 95.51  Antenna height.

    (a) A land station antenna (the land station's radiating structure 
(for transmitting, receiving or both), including the tower, mast or pole 
supporting it and everything attached to the structure) must not be a 
hazard to aircraft. The licensee of a GMRS system must get FCC 
permission (see Sec. 95.83) before the uppermost tip of an antenna may 
be higher than normally allowed in paragraphs (b), (c) and (d) of this 
section.
    (b) Regardless of any other requirement of this section, an antenna 
may always be at least:
    (1) 6.1 meters (20 feet) above the ground or above the building or 
tree upon which the antenna is mounted; or
    (2) Equal to the height of an existing antenna to which the land 
station antenna is attached.
    (c) The antenna may be as high as 61 meters (200 feet) above the 
ground, unless it will be within 6.1 kilometers (20,000 feet) of an 
airport or heliport.
    (d) If the antenna is near an airport or heliport listed in the 
FAA's (Federal Aviation Administration's) Airport Facilities Directory, 
or near an airport or heliport operated by the Department of Defense, it 
must not be higher than:
    (1) One meter higher than the airport elevation for every 100 meters 
from the nearest runway if the runway is longer than one kilometer 
(3,281 feet), and is within 6.1 kilometers (20,000 feet) of the antenna; 
or
    (2) Two meters higher than the airport elevation for every 100 
meters from the nearest runway if the runway is no longer than one 
kilometer (3,281 feet), and is within 3.1 kilometers (10,000 feet) of 
the antenna; or
    (3) Four meters higher than the heliport elevation for every 100 
meters from the nearest landing pad if the pad is within 1.5 kilometers 
(5,000 feet) of the antenna.
    (e) If the FCC grants permission to put an antenna higher than 
normally allowed in paragraphs (b), (c) and (d) of this section, the 
licensee may have to mark the antenna with bright paint and light it up 
at night (see part 17 of the FCC Rules).
    (f) The antenna for a small base stations or for a small control 
station must not be more than 6.1 meters (20 feet) above the ground or 
above the building or tree on which it is mounted.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988]

Sec. 95.53  Mobile station communication points.

    (a) A mobile station unit may transmit communications directly to:
    (1) Other mobile station units in the same GMRS system;
    (2) Mobile station units in any other GMRS system;
    (3) A base station in the same GMRS system; and
    (4) A base station in any other GMRS system;
    (b) A mobile station unit may transmit communications through a 
mobile relay station in the same GMRS system to:
    (1) Other mobile station units in the same GMRS system;
    (2) Control stations in the same GMRS system; and
    (3) Mobile station units in any other GMRS system.
    (c) A mobile station unit authorized to transmit on a channel 
assigned to a mobile relay station in another GMRS

[[Page 629]]

system may transmit communications through that mobile relay station to:
    (1) Mobile station units in the other GMRS system; and
    (2) Control stations in the other GMRS system.
    (d) A mobile station unit in a GMRS system licensed to an individual 
authorized to transmit on a channel assigned to a mobile relay station 
in another GMRS systgem may transmit communications through that mobile 
relay station with the permission of the licensee of the other GMRS 
system to:
    (1) Other mobile station units in the same GMRS system; and
    (2) Mobile station units in another GMRS system having permission to 
transmit communications through the mobile relay station.
    (e) A mobile station unit must not transmit communications to:
    (1) Any fixed station;
    (2) Any control station, directly;
    (3) Any station in the Amateur Radio Service;
    (4) Any unauthorized station; or
    (5) Any foreign station.
    (f) A mobile station unit must not transmit communications through a 
mobile relay station in another GMRS system, for retransmission to:
    (1) Other mobile station units in its own GMRS system, unless:
    (i) The mobile station units are in a GMRS system licensed to an 
individual; and
    (ii) The licensee of the other GMRS system has given permission to 
use the mobile relay station for this purpose.
    (2) A control station in its own GMRS system; or
    (3) Any station in any GMRS system other than the system which 
includes the mobile relay station.
    (g) A mobile station unit may transmit communications as a radio 
control link (see Sec. 95.127) to a remotely controlled station.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988]

Sec. 95.55  Base station communication points.

    (a) A base station may transmit communications directly to:
    (1) Mobile station units in the same GMRS system;
    (2) Mobile station units in any other GMRS system; and
    (3) Paging receivers in the same GMRS system.
    (b) A base station must not transmit communications to:
    (1) Any mobile relay station;
    (2) Any base station;
    (3) Any paging receiver not in the same GMRS system;
    (4) Any fixed station;
    (5) Any control station;
    (6) Any station in the Amateur Radio Service;
    (7) Any unauthorized station; or
    (8) Any foreign station.

Sec. 95.57  Mobile relay station communication points.

    (a) A mobile relay station in a GMRS system may automatically 
(without immediate thought or action by the station operator) retransmit 
communications between:
    (1) A mobile station unit in the same GMRS system and:
    (i) Another mobile station unit in the same GMRS system; or
    (ii) A control station in the same GMRS system.
    (2) A mobile station unit in any other GMRS system and:
    (i) Another mobile station unit in the same GMRS system as the 
mobile relay station; or
    (ii) A control station in the same GMRS system as the mobile relay 
station.
    (b) A mobile relay station in a GMRS system must not automatically 
retransmit communications between:
    (1) A mobile station unit in any other GMRS system and another unit 
of the same mobile station, unless:
    (i) The other GMRS system is licensed to an individual; and
    (ii) The licensee of the GMRS system with the mobile relay station 
has given permission to use the mobile relay station for this purpose;
    (2) Any control station and any other control station;
    (3) Any other mobile relay station and any station;
    (4) Any base station and any station; or
    (5) Any fixed station and any station.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988]

[[Page 630]]

Sec. 95.59  Control station communication points.

    (a) A control station may transmit communications as a radio control 
link (see Sec. 95.127) to a remotely controlled station.
    (b) A control station may transmit communications through a mobile 
relay station to:
    (1) Mobile station units in the same GMRS system as the control 
station; and
    (2) Mobile station units in any other GMRS system.
    (c) A control station must not transmit communications to any other 
station.

Sec. 95.61  Fixed station communication points.

    (a) A fixed station may transmit communications from the point 
authorized for it on the license to another fixed station in the same 
GMRS system at the point authorized for it on the license.
    (b) A fixed station must not transmit communications to any other 
station.

                   Applying for a GMRS System License

Sec. 95.71  Applying for a new or modified license.

    (a) An individual applies for a license for a new GMRS system by 
filling out an application form and attaching all additional information 
required. An individual applies to modify a license for an existing GMRS 
system using the same form and in the same manner as applying for a new 
GMRS system. Individuals should submit their applications, together with 
the filing fee, to the address specified in the Private Radio Services 
Fee Filing Guide.
    (b) An applicant for a General Mobile Radio Service system license, 
sharing a multiply-licensed mobile relay station, may operate the system 
for a period of 180 days, under a Temporary Permit, evidenced by a 
properly-executed certification made on FCC Form 574-T, after mailing 
FCC Form 574 to the Commission.
    (c) The application will be returned to the applicant if it is 
defective. An application is defective if:
    (1) The form is not completely filled out;
    (2) All necessary additional information is not included; or
    (3) All necessary certifications have not been made (see, e.g., 
Sec. 95.75 (g)(2), (o) and (p)).
    (d) The Commission may, without a hearing, grant an application in 
part or subject to terms or conditions or with privileges other than 
those requested. Such an action is presumed to be a grant of the 
application unless the applicant files a written rejection of the grant 
as made within 30 days from the date of the grant or the effective date 
of the grant, whichever is later. If the Commission receives rejection 
of such a grant, the Commission will vacate its original action and will 
set the application for hearing.
    (e) A non-individual may not obtain a new GMRS system license. A 
non-individual that held a GMRS system license issued before July 31, 
1987, may not make the following major modifications:
    (1) Change the area of operation of the GMRS system;
    (2) Add any stations to the GMRS system;
    (3) Increase the number of units of the mobile station;
    (4) Change the location of any land station in the GMRS system;
    (5) Add one or more channels or channel pairs and/or change the 
assigned channel(s) or channel pair(s);
    (6) Increase the transmitter power of an station in the GMRS system; 
or
    (7) Increase the height of a station antenna in the GMRS system.
    (f) A GMRS system licensee may notify the FCC of a change of name or 
a change of mailing address by sending a letter to the Federal 
Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325-
7245. This does not, however, permit GMRS system license transferability 
(see Sec. 95.109). Nor does this suffice for corporate transfer of 
control--the provisions of Sec. 95.111 apply instead.
[43 FR 54791, Nov. 22, 1978, as amended at 52 FR 10232, Mar. 31, 1987; 
53 FR 47716, Nov. 25, 1988; 53 FR 51625, Dec. 22, 1988; 55 FR 51908, 
Dec. 18, 1990]

[[Page 631]]

Sec. 95.72  Applying for an STA or waiver of the rules.

    Applicants requesting an STA or waiver of the rules should submit 
their requests, together with the filing fee, to the address specified 
in the Wireless Telecommunications Bureau Fee Filing Guide.
[60 FR 50123, Sept. 28, 1995]

Sec. 95.73  System licensing.

    (a) Application for a license for a new GMRS system or application 
to modify a licensed GMRS system is made on Form 574. The applicant must 
follow the Instructions for Completion of FCC Form 574 (available at FCC 
Field Offices).
    (b) One set of forms must be used for each system the applicant 
wants the FCC to license.
    (c) One form must be used to apply for the following stations in a 
GMRS system:
    (1) The mobile station;
    (2) All small base stations (see Sec. 95.25(e));
    (3) All small control stations (see Sec. 95.25(d)); and
    (4) All other land stations (at no more than 6 locations).
    (d) An additional form must be used to apply for every six land 
stations in a GMRS system that cannot be listed in the preceding form.
    (e) Form 574-T, Temporary Permit for a General Mobile Radio Service 
System, should be used if applicant is eligible and desires to operate 
the station pending the processing of the application. (See also 
Sec. 95.71(b).)
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988]

Sec. 95.75  Basic information.

    The following information is required in all applications for a 
license for a new or modified GMRS system:
    (a) Applicant's name (see Sec. 95.5);
    (b) Applicant's mailing address (an address in the United States 
where mail from the FCC can be received);
    (c) Transmitting channel or channel pair requested (see Sec. 95.29);
    (d) Station class;
    (e) Number of transmitter units in a mobile station (see 
Sec. 95.23);
    (f) Number of land stations in each class (see Sec. 95.25);
    (g) Transmitter power as follows:
    (1) Transmitter output power in watts for all stations.
    (2) Station ERP in watts for all stations other than mobile 
stations, small base stations and small control stations.
    (h) Each land station point (except small base stations and small 
control stations):
    (1) Latitude and longitude within one second; and
    (2) Street address (if none, local directions to the station);
    (i) Each control point for each remotely controlled land station 
(see Sec. 95.127), including small base stations and small control 
stations:
    (1) Street address (if none, local directions to the control point); 
or
    (2) Call sign of any control station already licensed to the 
applicant for that point;
    (j) Antenna height (see Sec. 95.51) and antenna ground elevation for 
each land station, except for small base stations and small control 
stations;
    (k) Communication services (see Sec. 95.101(c)) the proposed GMRS 
system would provide to, or receive from, any other individual or 
entity;
    (l) Age eligibility statement (where required--see Sec. 95.5);
    (m) Area of operation;
    (n) Emission designator. In the GMRS, emission F3E will be 
considered to include use of a selective calling tone, or a tone or 
digitally operated squelch (a tone code used to address a particular 
station) in conjunction with voice communications;
    (o) Foreign government certification, if applicable (see Sec. 95.5);
    (p) Frequency claim waiver certification, if applicable; and
    (q) Applicant's signature (see Sec. 95.87).
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984; 53 
FR 47716, Nov. 25, 1988]

Sec. 95.77  Additional information for GMRS systems with land stations 
          at four or more locations.

    (a) An application for a new or modified GMRS system having land 
stations (except for small control stations or

[[Page 632]]

small base stations) at 4 or more locations must include a functional 
system diagram (a drawing showing details of the GMRS system, including 
the points between which communications with other stations in the 
system will be exchanged.)
    (b) [Reserved]
    (c) A copy of the functional system diagram must be kept as part of 
the GMRS system records (Sec. 95.113).
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988]

Sec. 95.79  Additional information for stations in the National Radio 
          Quiet Zone.

    An application for a license for a new or modified GMRS system 
having a land station at a point within the National Radio Quite Zone 
(see Sec. 95.41) must:
    (a) Send a notice to:

Director, National Radio Astronomy Observatory
P.O. Box 2
Green Bank, WV 24944

    (b) Provide the following details about the proposed station in the 
notice:
    (1) Antenna point (latitude and longitude);
    (2) Antenna height;
    (3) Antenna directivity;
    (4) Transmitting channel(s);
    (5) Emission; and
    (6) Transmitter output.
    (c) Include in the application to the FCC the date the notice was 
sent to the Observatory.

Sec. 95.83  Additional information for stations with antennas higher 
          than normally allowed.

    (a) An applicant for a license for a new or modified GMRS system 
seeking permission to have a land station antenna higher than normally 
allowed (see Sec. 95.51) must:
    (1) Request (on FCC Form 574) an antenna height greater than 
normally allowed; and
    (2) Notify the Federal Aviation Administration (on FAA Form 7460-1) 
that the antenna would be higher than normally allowed.
    (3) Register the structure by submitting FCC Form 854. The 
requirements for antenna structure registration, painting, and lighting 
are found in part 17 of this chapter.
    (b) Each base station and each control station with an antenna 
height greater than 6.1 meters (20 feet) must be separately identified 
on Form 574 (see Secs. 95.25 (d) and (e) and 95.51(f)).
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988; 61 
FR 4369, Feb. 6, 1996]

Sec. 95.85  Additional information for stations near United States 
          borders.

    For a new or modified GMRS system having a land station at a point 
north of line A, east of line C, or at any point close to any United 
States border where interference to a station in another country could 
occur, an applicant may include additional data on FCC Form 574-B if the 
land station:
    (a) Does not have vertical polarization;
    (b) Does not have an omnidirectional azimuth;
    (c) Has an associated control station with other than a directional 
antenna having its azimuth of maximum radiation directed towards the 
land station;
    (d) Has an associated control station with other than 20 degrees 
beamwidth; or
    (e) Is part of a GMRS system that includes stations or units 
intended for communication with stations or units in other GMRS systems 
or in other radio services.

Provision of this information will enable the Commission to seek greater 
interference protection for the station from foreign stations.
[49 FR 4003, Feb. 1, 1984]

Sec. 95.87  Who may sign applications.

    See part 1 of this chapter, Sec. 1.913, for practices and procedures 
governing signatures on license applications.
[58 FR 21407, Apr. 21, 1993]

Sec. 95.89  Renewing a license.

    (a) The licensee of a GMRS system may apply to the FCC to renew the 
license for another term (see Sec. 95.105) by filling out FCC Form 574-R 
(or FCC Form 405-A when the licensee has not gotten FCC Form 574-R 
within 30 days of the expiration of the license), and

[[Page 633]]

sending it, together with the filing fee, to the address specified in 
the Private Radio Services Fee Filing Guide (unless the licensee is a 
governmental entity, in which case the renewal application should be 
sent to the Federal Communications Commission, 1270 Fairfield Road, 
Gettysburg, PA 17325-7245).
    (b) If the renewal application is sent to the FCC before the 
existing license term expires, the renewal application is timely filed. 
Except for GMRS systems whose licenses may not be renewed (see 
Sec. 95.89 (c)(3) and (d)), stations in a GMRS system whose application 
is timely filed may continue to transmit under the expired license until 
the FCC acts on the renewal application. A copy of the renewal 
application sent to the FCC must be kept in the GMRS system records (see 
Sec. 95.113) until the renewed license, or notification of other FCC 
action, is received.
    (c) A GMRS system licensed to a non-individual before July 31, 1987, 
is eligible to renew that license and all subsequent licenses based upon 
it if:
    (1) The non-individual is:
    (i) A partnership, and each partner is 18 years of age or older;
    (ii) A corporation;
    (iii) An association;
    (iv) A state, territorial or local government unit; or
    (v) Other legal entity;
    (2) The non-individual is not:
    (i) A foreign government;
    (ii) A representative of a foreign government; or
    (iii) A federal government agency; and
    (3) The licensee has not been granted any of the modifications to 
its GMRS system license specified in Sec. 95.71(e).
    (d) A GMRS system licensed to a non-individual on or after July 31, 
1987, may not be renewed.
    (e) If a GMRS system license is allowed to expire, the former 
licensee may file an application to reinstate the expired license within 
six months after the expiration date. The application to reinstate must 
be accompanied by a renewal application. An expired GMRS system license 
for which a timely renewal application has not been filed is not valid. 
No station of such a GMRS system may transmit until the licensee has 
received a new GMRS system license based on the late-filed renewal 
application.
[53 FR 47716, Nov. 25, 1988, as amended at 55 FR 51909, Dec. 18, 1990]

                         Managing a GMRS System

Sec. 95.101  What the license authorizes.

    (a) A license authorizes the licensee to manage the GMRS system only 
as:
    (1) The Rules require;
    (2) The license specifies;
    (3) Proposed by the entity in the license application; and
    (4) Shown on the functional system diagram (where applicable).
    (b) The license does not authorize operation as a common carrier or 
communication of messages for pay.
    (c) If the licensee is a corporation and the license so indicates, 
it may use its GMRS system to furnish non-profit radio communication 
service to its parent corporation, to another subsidiary of the same 
parent, or to its own subsidiary. Such use is not subject to the 
cooperative use provisions of Sec. 95.33.

Sec. 95.103  Licensee duties.

    (a) The licensee is responsible for the proper operation of the GMRS 
system at all times.
    (b) The licensee must have access to the station equipment and be 
able to disable it. A licensee using multiple licensed transmitting 
equipment may satisfy this requirement by entering an arrangement with 
other licensees using the same equipment to select one of their number 
to have primary access responsibility.
    (c) When the information about the licensee stated on the license 
changes, the licensee must take the following step(s):
    (1) The licensee must notify the FCC in writing in the event of a 
name or mailing address change (see Sec. 95.117(b)). The notice must 
show the name and mailing address as they appear on the license, the 
station call sign(s), and the new name or new mailing address. A copy of 
the notice must be kept as part of the GMRS system records (see 
Sec. 95.113). (FCC Forms 405-A or 574-R may be used for this purpose.)
    (2) If the status of a non-individual GMRS system licensee changes 
(for example, when a corporation is dissolved

[[Page 634]]

and a new corporation stands in its place, or a partnership becomes a 
corporation), the licensee must send the license to the FCC for 
cancellation (see Sec. 95.117(b)).

The former licensee may not operate until the FCC has aproved a license 
for the system in the name of the new entity.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]

Sec. 95.105  License term.

    A license for a GMRS system is usually issued for a 5-year term. 
(FCC prints the expiration date on the license.)

Sec. 95.107  Keeping the license.

    (a) The licensee must keep the license document until:
    (1) The license expires; or
    (2) The license is terminated by the FCC; or
    (3) The licensee obtains a different license for the GMRS system.
    (b) The license must be kept as part of the GMRS system records (see 
Sec. 95.113).
    (c) The license may be photocopied for any lawful purpose.
    (d) If the license is lost, the licensee must request a duplicate 
document from the FCC. The request for a duplicate license, together 
with the filing fee, should be sent to the address specified in the 
Wireless Telecommunications Bureau Fee Filing Guide.
    (e) If the license is no longer desired, it must be sent to the FCC 
(see Sec. 95.117(b)(6)) with a written request that it be cancelled. 
(Forms 405-A or 574-R may be used for this purpose.)
[48 FR 35237, Aug. 3, 1983, as amended at 60 FR 50123, Sept. 28, 1995]

Sec. 95.109  License not transferable.

    (a) The licensee must not transfer, assign, sell or give the license 
for a GMRS system to any other entity except in accordance with the 
provisions of Sec. 95.111.
    (b) If the licensee sells or gives away the GMRS system equipment, 
the new owner must obtain a new license before using it (see 
Sec. 95.71), unless the new owner intends to use the equipment with an 
already licensed GMRS system.

Sec. 95.111  Transfer of control of a corporation.

    If the licensee of a GMRS system is a corporation, and there is a 
change in the control of the corporation, the licensee must request 
consent for the change of control from the FCC by filling out Form 703 
and sending it, together with the filing fee, to the address specified 
in the Wireless Telecommunications Bureau Fee Filing Guide. The FCC 
document granting such consent must be kept as part of the GMRS system 
records (see Sec. 95.113).
[56 FR 51909, Dec. 18, 1990, as amended at 60 FR 50123, Sept. 28, 1995]

Sec. 95.113  System records.

    (a) The licensee must keep records for the GMRS system for the 
license term (see Sec. 95.105), except that the licensee need not keep 
authorizations which have expired.
    (b) GMRS system records include the following documents (where 
applicable):
    (1) The license (see Sec. 95.107);
    (2) [Reserved]
    (3) Copies of letters from the licensee to the FCC concerning name 
or mailing address changes (see Sec. 95.103);
    (4) Copies of answers to discrepancy notices;
    (5) An STA or waiver of these rules;
    (6) A copy of any renewal application submitted to the FCC and not 
yet acted upon (see Sec. 95.89(b));
    (7) A copy of the measurements and calculations (see appendix A) 
made during a control station power test (see Sec. 95.47);
    (8) A copy of a functional system diagram (see Sec. 95.77);
    (9) A copy of the agreement under which any station in the GMRS 
system is cooperatively shared (see Sec. 95.33);
    (10) A copy of the FCC consent to a licensee corporation's change in 
its corporate control (see Sec. 95.111); and
    (11) A temporary permit.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]

[[Page 635]]

Sec. 95.115  Station inspection.

    If an authorized FCC representative requests to inspect any station 
in a GMRS system, the licensee or station operator must make the station 
available. If an authorized FCC representative requests to inspect the 
GMRS system records (see Sec. 95.113), the licensee must make them 
available.

Sec. 95.117  Where to contact the FCC.

    (a) Write to:

The nearest FCC Field Office

    (1) For application forms (see Secs. 95.73 and 95.87);
    (2) For instruction forms (see Sec. 95.73);
    (3) To complain about interference; or
    (4) To find out if the FCC has type-accepted a certain transmitter 
for use in the GMRS (see Sec. 95.129).
    (b) Write to: Federal Communications Commission, Attention: GMRS, 
1270 Fairfield Road, Gettysburg, PA 17325-7245.
    (1) To ask a question about an application or about these Rules;
    (2)-(3) [Reserved]
    (4) To notify the FCC of a new name or mailing address (see 
Sec. 95.103);
    (5) [Reserved]
    (6) To return a license to the FCC for cancellation (see 
Secs. 95.103 and 95.107).
    (7) [Reserved]
    (c) [Reserved]
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988; 55 
FR 51909, Dec. 18, 1990]

Sec. 95.119  Station identification.

    (a) Except as provided in paragraph (e) of this section, every 
station in a GMRS system and every mobile station unit must transmit a 
station identification:
    (1) Following the transmission of communications or a series of 
communications; and
    (2) Every 15 minutes during a long transmission.
    (b) The station identification is the call sign assigned to:
    (1) The GMRS system; or
    (2) The station in the GMRS system transmitting communications.
    (c) A unit number may be included after the call sign in the 
identification.
    (d) The station identification must be clearly transmitted in:
    (1) Voice in the English language, with each letter and digit 
separately and distinctly transmitted (letters may be said using a 
phonetic alphabet); or
    (2) International Morse code telegraphy with a keyed tone (400 to 
2,000 Hertz) between 8.34 and 20.85 baud (ten to twenty-five words per 
minute). The transmitted frequency deviation must be between 1,500 and 
2,500 Hertz. Should delayed or periodic activation of automatic Morse 
code identification equipment interrupt the communications of another 
co-channel licensee, the Commission may require the use of equipment 
which will inhibit automatic station identification when co-channel 
communications are in progress.
    (e) A station need not identify its transmissions if it 
automatically retransmits communications from another station which are 
properly identified.

Sec. 95.121  Transmitting channel.

    Each station in a GMRS system must transmit only on the channel(s) 
or channel pair(s) (see Secs. 95.7 and 95.29) printed on the license for 
that station, or authorized by these Rules for use by that station (see 
Sec. 95.29 (e) and (f)).
[53 FR 47717, Nov. 25, 1988]

Sec. 95.123  Sharing a station or sharing equipment.

    Every station in a GMRS system which is cooperatively shared (see 
Sec. 95.33) must be managed by the licensee in accordance with the 
written agreement and in accordance with the provisions of Sec. 95.33. 
Licensees sharing multiply licensed equipment must do so in accordance 
with the provisions of Sec. 95.35.

Sec. 95.125  Station control point.

    (a) Each station in a GMRS system must have a control point (where 
the station operator can perform the required duties (see Sec. 95.173)).
    (b) The control point for each station must be at that station, 
unless the license authorizes the station to be controlled from a remote 
point.

[[Page 636]]

Sec. 95.127  Controlling a station from a remote point.

    (a) A station operator in a GMRS system may control the station from 
a remote point through a control link (a connection between the remote 
control point and the remotely controlled station). The control link 
must be either:
    (1) A wireline control link solely for purposes of transmitter 
control (see Sec. 95.181(i)(13)); or
    (2) A radio control link.
    (b) The remotely controlled station must not make unauthorized 
transmissions.
    (c) The station operator must perform the required duties (see 
Sec. 95.173) when controlling the station from a remote point the same 
as when controlling it locally at the station point. Should the control 
link fail to function so that the station operator cannot perform the 
required duties, the remotely controlled station must not transmit.
    (d) The FCC does not consider a station in a GMRS system as being 
remotely controlled if the connection is a wireline or mechanical 
control link, and the station and its control point are both:
    (1) On the same vehicle; or
    (2) At the same street address, or within 152 meters (500 feet) of 
each other.
    (e) Any device used to establish a wireline control link which is 
attached to the public switched telephone network after April 1, 1976 
must be registered with the FCC and must comply with the standards 
incorporated in a registration program to protect the public switched 
telephone network from harm (see part 68 of the FCC Rules).

Sec. 95.129  Station equipment.

    (a) Every station in a GMRS system must use transmitters the FCC has 
type-accepted for use in the GMRS. Write to any FCC Field Office to find 
out if a particular transmitter has been type-accepted for the GMRS. All 
station equipment in a GMRS system must comply with the technical rules 
in part 95, subpart E of these rules.
    (b) No transmitter may be used at a station in a GMRS system which:
    (1) Is not FCC type-accepted for use in the GMRS;
    (2) Has been internally modified to make it different from the FCC 
type-accepted model (see Sec. 95.133); or
    (3) [Reserved]
    (c) A land station in a GMRS system must use a directional antenna 
if it is a:
    (1) Control station at a point within a large urban area (see 
Sec. 95.47); or
    (2) Fixed station at a point near a large urban area (see 
Sec. 95.49).
    (d) Every small base station and every small control station must 
use an antenna no more than 6.1 meters (20 feet) high (see Sec. 95.25 
(d) and (e)).

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 20672, May 16, 1984; 53 
FR 47717, Nov. 25, 1988]

Sec. 95.131  Servicing station transmitters.

    (a) The GMRS system licensee shall be responsible for the proper 
operation of all stations in the GMRS system at all times and is 
expected to provide for observations, servicing and maintenance as often 
as may be necessary to ensure proper operation.
    (b) Except as provided in paragraph (c) of this section, test 
signals during internal adjustments to a station transmitter must be 
made using a non-radiating simulated antenna.
    (c) Brief test signals using a radiating antenna may be transmitted 
to adjust the antenna to the station transmitter or to detect or measure 
spurious radiation. These test transmissions must not be longer than one 
minute during any five-minute period. These test transmissions shall not 
interfere with communications already in progress on the operating 
frequency, and shall be properly identified as required, but may be 
otherwise unmodulated as appropriate.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 20672, May 16, 1984; 53 
FR 47717, Nov. 25, 1988]

[[Page 637]]

Sec. 95.133  Modification to station transmitters.

    (a) No internal changes may be made in a transmitter used in a 
station in a GMRS system to make the transmitter different from the FCC 
type-accepted model (see Sec. 95.129).
    (b) One FCC type-accepted model may be converted to another FCC 
type-accepted model if the conversion is done:
    (1) By the original manufacturer of the transmitter.
    (2) In accordance with the original manufacturer's instructions.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 20672, May 16, 1984; 53 
FR 47717, Nov. 25, 1988]

Sec. 95.135  Maximum authorized transmitting power.

    (a) No station may transmit with more than 50 watts output power.
    (b) A control station at a point within a large urban area must not 
transmit with more output power than the licensee determines by a test 
(see Sec. 95.47 and appendix A). The licensee must keep a copy of the 
measurements and calculations made during this test as part of the GMRS 
system records (see Sec. 95.113).
    (c) A small control station at a point north of Line A or east of 
Line C must transmit with no more than 5 watts ERP.
    (d) A fixed station at a point near a large urban area must transmit 
with no more than 15 watts output power (see Sec. 95.49).
    (e) A small base station must transmit with no more than 5 watts 
ERP.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]

Sec. 95.137  Moving a small base station or a small control station.

    (a) A small base station (see Sec. 95.25(e)) or a small control 
station (see Sec. 95.25(d)) in a GMRS system may be moved from the point 
specified on the license to any other point where radio services are 
regulated by the FCC.
    (b) The licensee must file an application to modify the GMRS system 
(see Sec. 95.71) to show the new point within 30 days after the small 
base station or the small control station is moved.
[53 FR 47717, Nov. 25, 1988]

Sec. 95.139  Adding a small base station or a small control station.

    (a) Except for a GMRS system licensed to a non-individual, one or 
more small base stations or a small control station may be added to a 
GMRS system at any point where radio services are regulated by the FCC.
    (b) The licensee must file an application to modify the GMRS system 
(see Sec. 95.71) within 30 days after each small base station or small 
control station is added.
    (c) Non-individual licensees may not add any small base station or 
small control stations to their GMRS systems.
[53 FR 47717, Nov. 25, 1988]

Sec. 95.141  Interconnection prohibited.

    No station in a GMRS system may be interconnected to the public 
switched telephone network except as and in accordance with the 
requirements and restrictions applied to a wireline control link (see 
Sec. 95.127).
[53 FR 47717, Nov. 25, 1988]

Sec. 95.143  Managing a GMRS system in an emergency.

    (a) The stations in a GMRS system must cease transmitting when the 
station operator of any station on the same channel is communicating an 
emergency message (concerning the immediate protection of property or 
the safety of someone's life).
    (b) If necessary to communicate an emergency message from a station 
in a GMRS system, the licensee may permit:
    (1) Anyone to be the station operator (see Sec. 95.179); and
    (2) The station operator to communicate the emergency message to any 
radio station.

[[Page 638]]

                        Operating a GMRS Station

Sec. 95.171  Station operator at control point.

    When a station in a GMRS system is transmitting, it must have a 
station operator. The station operator must be at the control point (see 
Sec. 95.125) for that station. The same person may be the operator for 
more than one station at the same time.

Sec. 95.173  Station operator duties.

    The station operator:
    (a) Communicates messages (see Sec. 95.181);
    (b) Controls the station by:
    (1) Causing it to transmit and to cease transmitting;
    (2) Taking all necessary and reasonable precautions to assure that 
unauthorized or improper operations do not occur;
    (3) Refraining from making any transmissions that may have the 
reasonably anticipated effect of causing improper operation of others' 
equipment; and
    (4) In cases of recurrent interference, obeying any Commission-
imposed additional requirements or restrictions.

Sec. 95.175  Cooperation in sharing channels.

    The station operator must cooperate in sharing each channel with 
station operators of other stations by:
    (a) Monitoring the channel before initiating transmissions;
    (b) Waiting until ongoing communications are completed before 
initiating transmissions;
    (c) Engaging in only permissible communications (see Sec. 95.181); 
and
    (d) Limiting transmissions to the minimum practicable transmission 
time.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]

Sec. 95.177  Responsibility for station operator's communications.

    The licensee is responsible for all communications made by station 
operators in the GMRS system. (The licensee should be certain every 
station operator understands and complies with these Rules.)

Sec. 95.179  Individuals who may be station operators.

    (a) An individual GMRS system licensee may permit his/her immediate 
family members living in the same household to be station operators in 
his/her GMRS system. They may communicate messages about the licensee's 
personal activities and about the licensee's business activities. 
Immediate family members are the:
    (1) Licensee;
    (2) Licensee's spouse;
    (3) Licensee's children, grandchildren, stepchildren;
    (4) Licensee's parents, grandparents, stepparents;
    (5) Licensee's brothers, sisters;
    (6) Licensee's aunts, uncles, nieces, nephews; and
    (7) Licensee's in-laws.
    (b) In a GMRS system licensed to a non-individual, eligible station 
operators are limited to the persons listed in paragraph (b)(1) of this 
section with the conditions listed in paragraph (b)(2) of this section 
as follows:
    (1) Only the following persons may be permitted to operate under the 
authority of a GMRS system licensed to a non-individual:

------------------------------------------------------------------------
                                            These persons may be station
     If the GMRS system licensee is--                operators--        
------------------------------------------------------------------------
(i) A partnership.........................  Licensee's partners and     
                                             employees.                 
(ii) A corporation........................  Licensee's officers,        
                                             directors, members and     
                                             employees.                 
(iii) An association......................  Licensee's members and      
                                             employees.                 
(iv) A governmental unit..................  Licensee's employees.       
------------------------------------------------------------------------

    (2) These persons may only communicate messages about the licensee's 
business activities. Employees of the licensee may communicate messages 
while acting within the scope of their employment, and only about the 
licensee's business activities.
    (c) The licensee may permit a telephone answering service employee 
to be a station operator if:
    (1) That employee only communicates messages received for the 
licensee to the licensee;
    (2) The station equipment at the telephone answering point is not 
shared in any other GMRS system; and

[[Page 639]]

    (3) The station at the telephone answering service point is not 
interconnected to the public switched telephone network.
    (d) The station operator of a GMRS system licensed to an individual 
may be a station operator in any other GMRS system if he/she has 
permission from the licensee of the other GMRS system.
    (e) The provisions of Sec. 95.33 regarding cooperative use do not 
apply to or govern the authority of a GMRS licensee to designate station 
operators in accordance with the provisions of this section.
    (f) Except for emergency communications (see Sec. 95.143), only 
persons specified in paragraphs (a) through (d) may be GMRS station 
operators.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988; 53 
FR 51625, Dec. 22, 1988]

Sec. 95.181  Permissible communications.

    (a) A station operator for an individual who is licensed in the GMRS 
(other than an employee of that individual) may communicate two-way 
voice messages concerning the licensee's personal or business activities 
(see Sec. 95.179).
    (b) [Reserved]
    (c) A station operator for any entity other than an individual 
licensed in the GMRS may communicate two-way voice messages concerning 
the licensee's business activities (see Sec. 95.179). An employee for an 
entity other than an individual licensed in the GMRS may, as a station 
operator, communicate two-way voice messages while acting within the 
scope of his/her employment.
    (d) A station operator for any GMRS licensee may communicate two-way 
voice messages concerning:
    (1) Emergencies (see Sec. 95.143);
    (2) Rendering assistance to a motorist; and
    (3) Civil defense drills, if the responsible agency requests 
assistance.
    (e) All messages must be in plain language (without codes or hidden 
meanings). They may be in a foreign language, except for call signs (see 
Sec. 95.119).
    (f) A station operator may communicate tone messages for purposes of 
identification or transmitter control in a control link (see 
Sec. 95.127). (The FCC treats a control tone as voice in this case.)
    (g) A station operator may communicate a selective calling tone or 
tone operated squelch only in conjunction with a voice communication. If 
the tone is subaudible (300 Hertz or less) it may be communicated during 
the entire voice message. If the tone is audible (more than 300 Hertz) 
it may be communicated for no more than 15 seconds at a time.
    (h) A station operator may communicate a one-way voice page to a 
paging receiver. A selective calling tone or tone operated squelch may 
be used in conjunction with a voice page, as prescribed in paragraph (g) 
of this section. A station operator may not communicate a tone-only page 
(tones communicated in order to find, summon or notify someone).
    (i) A station operator must not communicate:
    (1) Messages for hire, whether the remuneration received is direct 
or indirect;
    (2) Messages in connection with any activity which is against 
Federal, State or local law;
    (3) False or deceptive messages;
    (4) Coded messages or messages with hidden meanings (``10-codes'' 
are permitted);
    (5) Intentional interference;
    (6) Music, whistling, sound effects or material to amuse or 
entertain;
    (7) Sounds only to attract attention;
    (8) Obscene, profane or indecent words, language or meaning;
    (9) Advertisements or offers for the sale of goods or services;
    (10) Advertisements for a political candidate or political campaign 
(messages about the campaign business may be communicated);
    (11) International distress signals, such as the word ``Mayday'' 
(except when on a ship, aircraft or other vehicle in immediate danger to 
ask for help);
    (12) Programs (live or delayed) intended for radio or television 
station broadcast (messages about news items or program preparation may 
be communicated);

[[Page 640]]

    (13) Messages which are both conveyed by a wireline control link and 
transmitted by a GMRS station (see Sec. 95.127);
    (14) Messages (except emergency messages) to any station in the 
Amateur Radio Service, to any unauthorized station, or to any foreign 
station;
    (15) Continuous or uninterrupted transmissions, except for 
communications involving the immediate safety of life or property; or
    (16) Messages for public address systems.
    (j) A station operator in a GMRS system licensed to a telephone 
answering service must not transmit any communications to customers of 
the telephone answering service.
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984; 56 
FR 13289, Apr. 1, 1991]

 Appendix A to Subpart A to Part 95--Making a Control Station Power Test

    (a) A unit of the mobile station is brought to the control station 
or to a point within 402 meters (\1/4\ mile) of the control station.
    (b) The strength of the signal received at the terminals of the 
feedline to the antenna of the remotely controlled station produced by 
transmissions of the unit of your mobile station must be measured.
    (c) The directional antenna of the control station must be aimed so 
that transmissions from it produce the greatest signal strength at the 
terminals of the feedline to the antenna of the remotely controlled 
station.
    (d) The transmitter output power of the control station must be 
adjusted (see Sec. 95.135) so that the signal strength produced at the 
terminals of the feedline to the antenna of the remotely controlled 
station is no more than 6 decibels more than that produced by the unit 
of the mobile station. The maximum transmitter output power permitted 
any GMRS station must not be exceeded (see Sec. 95.135).
    (e) A record must be made of each control station power test and 
kept as part of the GMRS system records.
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984, 57 
FR 40343, Sept. 3, 1992]

  Appendix B to Subpart A to Part 95--Where the Large Urban Areas Are 
                                 Located

------------------------------------------------------------------------
                                          North Latitude  West Longitude
                  City                   -------------------------------
                                           deg.   '   ''   deg.   '   ''
------------------------------------------------------------------------
Akron, OH...............................   41    05   00    81   30   44
Albany-Schenectady-Troy, NY.............   42    39   01    73   45   01
Albuquerque, NM.........................   35    05   01   106   39   05
Allentown-Bethlehem-Easton, PA-NJ.......   40    36   11    75   28   06
Ann Arbor, MI...........................   42    16   59    83   44   52
Atlanta, GA.............................   33    45   10    84   23   37
Augusta, GA-SC..........................   33    28   20    81   58   00
Austin, TX..............................   30    16   09    97   44   37
Bakersfield, CA.........................   35    22   31   119   01   16
Baltimore, MD...........................   39    17   26    76   36   45
Baton Rouge, LA.........................   30    26   58    91   11   00
Birmingham, AL..........................   33    31   01    86   48   36
Boston, MA..............................   42    21   24    71   03   25
Bridgeport, CT..........................   41    10   49    73   11   22
Buffalo, NY.............................   42    52   52    78   52   21
Canton, OH..............................   40    47   50    81   22   37
Charleston, SC..........................   32    46   35    79   55   53
Charlotte, NC...........................   35    13   44    80   50   45
Chattanooga, TN-GA......................   35    02   41    85   18   32
Chicago, IL-Northwestern IN.............   41    52   28    87   38   22
Cincinnati, OH-KY.......................   39    06   07    84   30   35
Cleveland, OH...........................   41    29   51    81   41   50
Colorado Springs, CO....................   38    50   07   104   49   16
Columbia, SC............................   34    00   02    81   02   00
Columbus, GA-Ala........................   32    28   07    84   59   24
Columbus, OH............................   39    57   47    83   00   17
Corpus Christi, TX......................   27    47   51    97   23   45
Dallas-Fort Worth, TX...................   32    47   09    96   47   37
Davenport-Rock Island-Moline, IA-IL.....   41    31   00    90   35   00
Dayton, OH..............................   39    45   32    84   11   43
Denver, CO..............................   39    44   58   104   59   22
Des Moines, IA..........................   41    35   14    93   37   00
Detroit, MI.............................   42    19   48    83   02   57
El Paso, TX.............................   31    45   36   106   29   11
Fayetteville, NC........................   35    03   00    78   53   00
Flint, MI...............................   43    00   50    83   41   33
Fort Lauderdale-Hollywood, FL...........   26    07   00    80   09   00
Fort Wayne, IN..........................   41    04   21    85   08   26
Fresno, CA..............................   36    44   12   119   47   11
Grand Rapids, MI........................   42    58   03    85   40   13
Greenville, SC..........................   34    50   50    82   24   01
Harrisburg, PA..........................   40    15   43    76   52   59
Hartford, CT............................   41    46   12    72   40   49
Honolulu, HI............................   21    19   00   157   52   00
Houston, TX.............................   29    45   26    95   21   37
Indianapolis, IN........................   39    46   07    86   09   46
Jackson, MS.............................   32    17   56    90   11   06
Jacksonville, FL........................   30    19   44    81   39   42
Kansas City, MO-KS......................   39    04   56    94   35   20
Knoxville, TN...........................   35    57   39    83   55   07
Lansing, MI.............................   42    44   01    84   33   15
Las Vegas, NV...........................   36    10   20   115   08   37
Lawrence-Haverhill, MA-NH...............   42    42   16    71   10   08
Little Rock-North Little Rock, AR.......   34    44   42    92   16   37
Lorain-Elyria, OH.......................   41    28   00    82   11   00
Los Angeles-Long Beach, CA..............   34    03   15   118   14   28
Louisville, KY-IN.......................   38    14   47    85   45   49
Madison, WI.............................   43    04   23    89   22   55
Melbourne-Cocoa, FL.....................   28    05   00    80   36   00
Memphis, TN-AR-MS.......................   35    08   46    90   03   13
Miami, FL...............................   25    46   37    80   11   32
Milwaukee, WI...........................   43    02   19    87   54   15

[[Page 641]]

                                                                        
Minneapolis-St. Paul, MN................   44    58   57    93   15   43
Mobile, AL..............................   30    41   36    88   02   33
Nashville-Davidson, TN..................   36    09   33    86   46   55
New Haven, CT...........................   41    18   25    72   55   30
New Orleans, LA.........................   29    56   53    90   04   10
Newport News-Hampton, VA................   36    59   30    76   26   00
New York, NY-Northeastern NJ............   40    45   06    73   59   39
Norfolk-Portsmouth, VA..................   36    51   10    76   17   21
Ogden, UT...............................   41    13   31   111   58   21
Oklahoma City, OK.......................   35    28   26    97   31   04
Omaha, NE-IA............................   41    15   42    95   56   14
Orlando, FL.............................   28    32   42    81   22   38
Oxnard-Ventura-Thousand Oaks, CA........   34    12   00   119   11   00
Pensacola, FL...........................   30    24   51    87   12   56
Peoria, IL..............................   40    41   42    89   35   33
Philadelphia, PA-NJ.....................   39    56   58    75   09   21
Phoenix, AZ.............................   33    27   12   112   04   28
Pittsburgh, PA..........................   40    26   19    80   00   00
Portland, OR-WA.........................   45    31   06   122   40   35
Providence-Pawtucket-Warwick, RI-MA.....   41    49   32    71   24   41
Raleigh, NC.............................   35    46   38    78   38   21
Richmond, VA............................   37    32   15    77   26   09
Rochester, NY...........................   43    09   41    77   36   21
Rockford, IL............................   42    16   07    89   05   48
Sacramento, CA..........................   38    34   57   121   29   41
St. Louis, MO-IL........................   38    37   45    90   12   22
St. Petersburg, FL......................   27    46   18    82   38   19
Salt Lake City, UT......................   40    45   23   111   53   26
San Antonio, TX.........................   29    25   37    98   29   06
San Bernardino-Riverside, CA............   34    06   30   117   17   28
San Diego, CA...........................   32    42   53   117   09   21
San Francisco-Oakland, CA...............   37    46   39   122   24   40
San Jose, CA............................   37    20   16   121   53   24
Sarasota-Bradenton, FL..................   27    20   05    82   32   20
Scranton-Wilkes-Barre, PA...............   41    24   32    75   39   46
Seattle-Everett, WA.....................   47    36   32   122   20   12
Shreveport, LA..........................   32    30   46    93   44   58
South Bend, IN-MI.......................   41    40   33    86   15   01
Spokane, WA.............................   47    39   32   117   25   33
Springfield-Chicopee-Holyoke, MA-CT.....   42    06   21    72   35   32
Syracuse, NY............................   43    03   04    76   09   14
Tacoma, WA..............................   47    14   59   122   26   15
Tampa, FL...............................   27    56   58    82   27   25
Toledo, OH-MI...........................   41    39   14    83   32   39
Trenton, NJ-PA..........................   40    13   30    74   45   00
Tucson, AZ..............................   32    13   15   110   58   08
Tulsa, OK...............................   36    09   12    95   59   34
Washington, DC-MD-VA....................   38    53   51    77   00   33
West Palm Beach, FL.....................   26    42   36    80   03   07
Wichita, KS.............................   37    41   30    97   20   16
Wilmington, DE-NJ-MD....................   39    44   46    75   32   51
Worcester, MA...........................   42    15   37    71   48   17
Youngstown-Warren, OH...................   41    05   57    80   39   02
San Juan, PR............................   18    28   00    66   07   00
                                                                        
------------------------------------------------------------------------

    Note 1: This appendix lists the urbanized areas of 200,000 or more 
people as shown in the Bureau of Census News Release of July 27, 1981: 
``Provisional Population of Urbanized Areas, 1980.'' The geographical 
coordinates given are from the Department of Commerce publication of 
1947: ``Air-Line Distances Between Cities in the United States'' and 
from data supplied by the National Geodetic Survey. The coordinates are 
determined by using the first city mentioned in the urbanized area as 
the center of the urbanized area.

                  Subpart B--Family Radio Service (FRS)

    Source: 61 FR 28768, June 6, 1996, unless otherwise noted.

                           General Provisions

Sec. 95.191  (FRS Rule 1) Eligibility and responsibility.

    (a) Unless you are a representative of a foreign government, you are 
authorized by this rule to operate an FCC certified FRS unit in 
accordance with the rules in this subpart. No license will be issued.
    (b) You are responsible for all communications that you make with 
the FRS unit. You must share each channel with other users. No channel 
is available for the private or exclusive use of any user.

Sec. 95.192  (FRS Rule 2) Authorized locations.

    (a) Provided that you comply with these rules, you are authorized to 
operate an FRS unit:
    (1) Within or over any area of the world where radio services are 
regulated by the FCC (this area includes the fifty United States and the 
District of Columbia, the Commonwealth of Puerto Rico, the United States 
Virgin Islands (50 islets and cays), American Samoa (seven islands), the 
Commonwealth of Northern Marianna Islands, and Guam Island);
    (2) Within or over any other area of the world, except within or 
over the territorial limits of areas where radio services are regulated 
by an agency of the United States other than the FCC or any foreign 
government (you are subject to its rules);
    (3) Aboard any vessel or aircraft registered in the United States, 
with the permission of the captain, that is within or over any area of 
the world where radio services are regulated by the FCC or upon or over 
international waters;
    (4) or; Aboard any unregistered vessel or aircraft owned or operated 
by a United States citizen or company that is within or over any area of 
the world where radio services are regulated by the FCC or upon or over 
international waters.

[[Page 642]]

    (5) You must operate the FRS unit only according to any applicable 
treaty to which the United States is a party. The FCC will make public 
notice of any such conditions.
    (b) Your use of an FRS unit must not cause harmful interference to a 
FCC monitoring facility. Doing so could result in imposition of 
restrictions upon the operation of the FRS unit within 0.8 km (0.5 mile) 
of the facility by its Engineer-in-Charge. (Geographical coordinates of 
the facilities that require protection are listed in Sec. 0.121(c) of 
this chapter.)
    (c) The FCC may impose additional restrictions on a FRS station if 
the station is located at a point within the National Radio Quiet Zone 
(an area within the States of Maryland, Virginia and West Virginia). The 
Zone is the area bounded by:
    (1) 39 deg. 15' N. on the North;
    (2) 78 deg. 30' W. on the East;
    (3) 37 deg. 30' N. on the South; and
    (4) 80 deg. 30' W. on the West.

Sec. 95.193  (FRS Rule 3) Types of communications.

    (a) You may use an FRS unit to conduct two-way voice communications 
with another person. You may use the FRS unit to transmit one-way 
communications only to establish communications with another person, 
send an emergency message, provide traveler assistance, make a voice 
page, or to conduct a brief test.
    (b) The FRS unit may transmit tones to make contact or to continue 
communications with a particular FRS unit. If the tone is audible (more 
than 300 Hertz), it must last no longer than 15 seconds at one time. If 
the tone is subaudible (300 Hertz or less), it may be transmitted 
continuously only while you are talking.
    (c) You must not use an FRS unit in connection with any activity 
which is against federal, state or local law.
    (d) You must, at all times and on all channels, give priority to 
emergency communication messages concerning the immediate safety of life 
or the immediate protection of property.
    (e) No FRS unit may be interconnected to the public switched 
network.

Sec. 95.194  (FRS Rule 4) FRS units.

    (a) You may only use an FCC certified FRS unit. (You can identify an 
FCC certified FRS unit by the label placed on it by the manufacturer.)
    (b) You must not make, or have made, any internal modification to an 
FRS unit. Any internal modification cancels the FCC certification and 
voids your authority to operate the unit in the FRS.
    (c) You may not attach any antenna, power amplifier, or other 
apparatus to an FRS unit that has not been FCC certified as part of that 
FRS unit. There are no exceptions to this rule and attaching any such 
apparatus to a FRS unit cancels the FCC certification and voids 
everyone's authority to operate the unit in the FRS.

              Subpart C--Radio Control (R/C) Radio Service

    Source: 48 FR 24890, June 3, 1983, unless otherwise noted.

                           General Provisions

Sec. 95.201  (R/C Rule 1) What is the Radio Control (R/C) Radio Service?

    The R/C Service is a private, one-way, short distance non-voice 
communications service for the operation of devices at remote locations.

Sec. 95.202  (R/C Rule 2) How do I use these rules?

    (a) You must comply with rules (see R/C Rule 18, Sec. 95.218, for 
the penalties for violations) when you operate a station in the R/C 
service from:
    (1) Within or over the territorial limits of places where radio 
services are regulated by the FCC (see R/C Rule 5, Sec. 95.205);
    (2) Aboard any vessel or aircraft registered in the United States; 
or
    (3) Aboard any unregistered vessel or aircraft owned or operated by 
a United States citizen or company.
    (b) Your R/C station must comply with technical rules found in 
subpart E of part 95.
    (c) Where the rules use the word ``you'', ``you'' means a person 
operating an R/C station.
    (d) Where the rules use the word ``person,'' the rules are concerned 
with

[[Page 643]]

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.
    (e) Where the rules use the term ``FCC,'' that means the Federal 
Communications Commission.
    (f) Where the rules use the term ``R/C station,'' that means a radio 
station transmitting in the R/C Radio Service.

Sec. 95.203  (R/C Rule 3) Am I eligible to operate an R/C station?

    You are authorized to operate an R/C station unless:
    (a) You are a foreign government, a representative of a foreign 
government, or a federal government agency; or
    (b) The FCC has issued a cease and desist order to you, and the 
order is still in effect.

Sec. 95.204  (R/C Rule 4) Do I need a license?

    You do not need an individual license to operate an R/C station. You 
are authorized by this rule to operate your R/C station in accordance 
with the rules in this subpart.

Sec. 95.205  (R/C Rule 5) Where may I operate my R/C station?

    You are authorized to operate your R/C station from:
    (a) Within or over any area of the world where radio services are 
regulated by the FCC. Those areas are within the territorial limits of:
    (1) The fifty United States
    (2) The District of Columbia

                         Caribbean Insular areas

    (3) Commonwealth of Puerto Rico
    (4) Navassa Island
    (5) United States Virgin Islands (50 islets and cays)

                          Pacific Insular areas

    (6) American Samoa (seven islands)
    (7) Baker Island
    (8) Commonwealth of Northern Mariana Islands
    (9) Guam Island
    (10) Howland Island
    (11) Jarvis Island
    (12) Johnston Island (Islets East, Johnston, North and Sand)
    (13) Kingman Reef
    (14) Midway Island (Islets Eastern and Sand)
    (15) Palmyra Island (more than 50 islets)
    (16) Wake Island (Islets Peale, Wake and Wilkes)
    (b) 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.)
    (c) An aircraft or ship, with the permission of the captain, within 
or over any area of the world where radio services are regulated by the 
FCC or upon or over international waters. You must operate your R/C 
station according to any applicable treaty to which the United States is 
a party.

Sec. 95.206  (R/C Rule 6) Are there any special restrictions on the 
          location of my R/C station?

    (a) If your R/C station is located on premises controlled by the 
Department of Defense, you may be required to comply with additional 
regulations imposed by the commanding officer of the installation.
    (b) If your R/C station will be constructed on an environmental 
sensitive site, or will be operated in such a manner as to raise 
environmental problems, under Sec. 1.1307 of this chapter, you must 
provide an environmental assessment, as set forth in Sec. 1.1311 of this 
chapter, and undergo environmental review Sec. 1.1312 of this chapter, 
before commencement of construction.
[48 FR 24890, June 3, 1983, as amended at 55 FR 20398, May 16, 1990]

                      How To Operate an R/C Station

Sec. 95.207  (R/C Rule 7) On what channels may I operate?

    (a) Your R/C station may transmit only on the following channels 
(frequencies):
    (1) The following channels may be used to operate any kind of device 
(any object or apparatus, except an R/C transmitter), including a model 
aircraft device (any small imitation of an

[[Page 644]]

aircraft) or a model surface craft device (any small imitation of a 
boat, car or vehicle for carrying people or objects, except aircraft): 
26.995, 27.045, 27.095, 27.145, 27.195 and 27.255 MHz.
    (2) The following channels may only be used to operate a model 
aircraft device:

                                   MHz

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
72.99

    (3) The following channels may only be used to operate a model 
surface craft devices:

                                   MHz

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
75.99

    (b) You must share the channels with other R/C stations. You must 
cooperate in the selection and use of the channels. You must share the 
Channel 27.255 MHz with stations in other radio services. There is no 
protection from interference on any of these channels.
    (c) Your R/C station may not transmit simultaneously on more than 
one channel in the 72-76 MHz band when your operation would cause 
harmful interference to the operation of other

R/C stations.
    (d) Your R/C station must stop transmitting if it interferes with:
    (1) Authorized radio operations in the 72-76 MHz band; or
    (2) Television reception on TV Channels 4 or 5.
    (e) [Reserved]
    (f) Stations in the 26-27 MHz range are not afforded any protection 
from interference caused by the operation of industrial, scientific of 
medical devices. Such stations also operate on a shared basis with other 
stations in the Personal Radio Services.
    (g) Stations in the 72-76 MHz range are subject to the condition 
that inteference will not be caused to the remote control of industrial 
equipment operating on the same or adjacent frequencies or to the 
reception of television transmissions on Channels 4 and 5. These 
frequencies are not afforded any protection from interference due to the 
operation of fixed and mobile stations in other services assigned to the 
same or adjacent frequencies.
[48 FR 24890, June 3, 1983. Redesignated at 49 FR 6098, Feb. 17, 1984, 
and amended at 50 FR 37857, Sept. 18, 1985; 52 FR 16263, May 4, 1987; 57 
FR 40343, Sept. 3, 1992]

Sec. 95.208  (R/C Rule 8) How high may I put my antenna?

    (a) Antenna means the radiating system (for transmitting, receiving 
or both) and the structure holding it up (tower, pole or mast). It also 
means everything else attached to the radiating system and the 
structure.
    (b) If your antenna is mounted on a hand-held portable unit, none of 
the following limitations apply.
    (c) If your antenna is installed at a fixed location, it (whether 
receiving, transmitting or both) must comply with either one of the 
following:
    (1) The highest point 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
    (2) The highest point must not be more than 18.3 meters (60 feet) 
above the ground.

[[Page 645]]

    (d) If your R/C station is located near an airport, and if you 
antenna structure is more than 6.1 meters (20 feet) high, your may have 
to obey additional restrictions. The highest point of your 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 your antenna and the airport 
runway may complicate this formula. If your R/C station is near an 
airport, you may contact the nearest FCC field office for a worksheet to 
help you figure the maximum allowable height of your antenna. Consult 
part 17 of the FCC's Rules for more information.

 _______________________________________________________________________
WARNING: Installation and removal of R/C station antennas near 
powerlines is dangerous. For your safety, follow the installation 
directions included with your antenna.
 _______________________________________________________________________
[48 FR 24890, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983]

Sec. 95.209  (R/C Rule 9) What equipment may I use at my R/C station?

    (a) Your R/C station may transmit only with:
    (1) An FCC type accepted (or type approved) R/C transmitter (Type 
accepted means the FCC has determined that certain radio equipment is 
capable of meeting recommended standards for operation); or
    (2) A non-type accepted R/C transmitter on Channels 26.995-27.255 
MHz if it complies with the technical standards (see part 95, subpart 
E).
    (3) Use of a transmitter outside of the band 26.995-27.255 MHz which 
is not type accepted (or type approved) voids your authority to operate 
the station. Use of a transmitter in the band 26.995-27.255 MHz which 
does not comply with the technical standards voids your authority to 
operate the station.
    (b) You may examine a list of type accepted transmitters at any FCC 
field office.
    (c) Your R/C station may transmit with a transmitter assembled from 
a kit.
    (d) You must not make, or have made, any internal modification to a 
type-accepted transmitter. (See R/C Rule 22.) Any internal modification 
to a type-accepted transmitter cancels the type-acceptance, and use of 
such a transmitter voids your authority to operate the station.

Sec. 95.210  (R/C Rule 10) How much power may I use?

    (a) Your R/C station transmitter power output must not exceed the 
following value under any conditions:

                                                                        
------------------------------------------------------------------------
                                                             Transmitter
                                                                power   
                          Channel                              (carrier 
                                                                power)  
                                                               (watts)  
------------------------------------------------------------------------
27.255 MHz.................................................          25 
26.995-27.195 MHz..........................................           4 
72-76 MHz..................................................        0.75 
------------------------------------------------------------------------

    (b) Use of a transmitter which has power output in excess of that 
authorized voids your authority to operate the station.

Sec. 95.211  (R/C Rule 11) What communications may be transmitted?

    (a) You may only use your R/C station to transmit one-way 
communications. (One-way communications are transmissions which are not 
intended to establish communications with another station.)
    (b) You may only use your R/C station for the following purposes:
    (1) The operator turns on and/or off a device at a remote location 
(Refer to Diagram 1); or
    (2) A sensor at a remote location turns on and/off an indicating 
device for the operator. (Refer to Diagram 2). Only Channels 26.995 to 
27.255 MHz (see R/C Rule 7, Sec. 95.207(a)(1)) may be used for this 
purpose. (A remote location means a place distant from the operator.)

[[Page 646]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.014


    (c) Your R/C station may transmit any appropriate non-voice 
emission.
[48 FR 24890, June 3, 1983, as amended at 50 FR 37857, Sept. 18, 1985; 
57 FR 40343, Sept. 3, 1992]

Sec. 95.212  (R/C Rule 12) What communications are prohibited?

    You must not use an R/C station--
    (a) In connection with any activity which is against federal, state 
or local law;
    (b) To transmit any message other than for operation of devices at 
remote locations (no voice, telegraphy, etc.);
    (c) To intentionally interfere with another station's transmissions;
    (d) To operate another R/C transmitter by remote control (See R/C 
Rule 17, Sec. 95.217); or
    (e) To transmit two-way communications.
    (f) To transmit data. Tone or other signal encoding, however, is not 
considered to be data when only used either 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 indicating device for the operator.
[48 FR 24890, June 3, 1983, as amended at 54 FR 8336, Feb. 28, 1989; 54 
FR 20476, May 11, 1989]

Sec. 95.213  (R/C Rule 13) May I be paid to use my R/C station?

    (a) You may not accept direct or indirect payment for transmitting 
with an R/C station.
    (b) You may use an R/C station to help you provide a service, and be 
paid for that service, as long as you are paid only for the service and 
not for the actual use of the R/C station.

Sec. 95.214  (R/C Rule 14) Who is responsible for R/C communications I 
          make?

    You are responsible for all communications which are made by you 
from an R/C station.

[[Page 647]]

Sec. 95.215  (R/C Rule 15) Do I have to limit the length of my 
          communications?

    (a) You must limit your R/C communications to the minimum practical 
time.
    (b) The only time your R/C communications may be a continuous signal 
for more than 3 minutes is when operation of the device requires at 
least one or more changes during each minute of the communications.
    (c) Your R/C station may transmit a continuous signal without 
modulation only if:
    (1) You are using it to operate a model aircraft device; and
    (2) The presence or absence of the signal operates the device.
    (d) If you show that you need a continuous signal to insure the 
immediate safety of life of property, the FCC may make an exception to 
the limitations in this rule.

Sec. 95.216  (R/C Rule 16) Do I identify my R/C communications?

    You need not identify your R/C communications.

Sec. 95.217  (R/C Rule 17) May I operate my R/C station transmitter by 
          remote control?

    (a) You may not operate an R/C transmitter by radio remote control. 
(See R/C Rule 12, Sec. 95.212.)
    (b) You may operate an R/C transmitter by wireline remote control if 
you obtain specific approval in writing from the FCC. To obtain FCC 
approval, you must show why you need to operate your station by wireline 
remote control. Send your request and justification to FCC, Gettysburg, 
Pa. 17325. If you receive FCC approval, you must keep the approval as 
part of your station records. (See R/C Rule 24, Sec. 95.224.)
    (c) Remote control means operation of an R/C transmitter from any 
place other than the location of the R/C transmitter. Direct mechanical 
control or direct electrical control by wire from some point on the same 
premises, craft or vehicles as the R/C transmitter is not considered 
remote control.

                      Other Things You Need To Know

Sec. 95.218  (R/C Rule 18) What are the penalties for violating these 
          rules?

    (a) If the FCC finds that you have willfully or repeatedly violated 
the Communications Act or the FCC Rules, you may have to pay as much as 
$10,000 for each violation, up to a total of $75,000. (See Section 
503(b) of the Communications Act.)
    (b) If the FCC finds that you have violated any section of the 
Communications Act or the FCC Rules, you may be ordered to stop whatever 
action caused the violation. (See section 312(b) of the Communications 
Act.)
    (c) If a federal court finds that you have willfully and knowingly 
violated any FCC Rule, you may be fined up to $500 for each day you 
committed the violation. (See section 502 of the Communications Act.)
    (d) If a Federal court finds that you have willfully and knowingly 
violated any provision of the Communications Act, you may be fined up to 
$10,000, or you may be imprisoned for one year, or both. (See section 
501 of the Communications Act.)
[48 FR 24890, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]

Sec. 95.219  (R/C Rule 19) How do I answer correspondence from the FCC?

    (a) If it appears to the FCC that you have violated the 
Communications Act or FCC rules, the FCC may send you a discrepancy 
notice.
    (b) Within the time period stated in the notice, you must answer 
with:
    (1) A complete written statement about the apparent discrepancy;
    (2) A complete written statement about any action you have taken to 
correct the apparent violation and to prevent it from happening again; 
and
    (3) The name of the person operating at the time of the apparent 
violation.
    (c) If the FCC send you a letter asking you questions about your R/C 
radio station or its operation, you must answer each of the questions 
with a complete written statement within the time period stated in the 
letter.
    (d) You must not shorten your answer by references to other 
communications or notices.

[[Page 648]]

    (e) You must send your answer to the FCC office which sent you the 
notice.
    (f) You must keep a copy of your answer in your station records (see 
R/C Rule 24, Sec. 95.224).

Sec. 95.220  (R/C Rules 20) What must I do if the FCC tells me that my 
          R/C station is causing interference?

    (a) If the FCC tells you that your R/C station is causing 
interference for technical reasons, you must follow all instructions in 
the official FCC notice. (This notice may require you to have technical 
adjustments made to your equipment.)
    (b) You must comply with any restricted hours of R/C station 
operation which may be included in the official FCC notice.

Sec. 95.221  (R/C Rule 21) How do I have my R/C transmitter serviced?

    (a) You may adjust an antenna to your R/C transmitter and you may 
make radio checks. (A radio check means a one-way transmission for a 
short time in order to test the transmitter.)
    (b) You are responsible for the proper operation of the station at 
all times and are expected to provide for observations, servicing and 
maintenance as often as may be necessary to ensure proper operation. 
Each internal repair and each internal adjustment to an FCC type 
accepted R/C transmitter (see R/C Rule 9) must be made in accord with 
the Technical Regulations (see subpart E). The internal repairs or 
internal adjustments should be performed by or under the immediate 
supervision and responsibility of a person certified as technically 
qualified to perform transmitter maintenance and repair duties in the 
private land mobile services and fixed services by an organization or 
committee representative of users in those services.
    (c) Except as provided in paragraph (d) of this section, each 
internal repair and each internal adjustment of an R/C transmitter in 
which signals are transmitted must be made using a nonradiating 
(``dummy'') antenna.
    (d) Brief test signals (signals not longer than one minute during 
any five minute period) using a radiating antenna may be transmitted in 
order to:
    (1) Adjust a transmitter to an antenna;
    (2) Detect or measure radiation of energy other than the intended 
signal; or
    (3) Tune a receiver to your R/C transmitter.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)
[48 FR 24890, June 3, 1983, as amended at 49 FR 20673, May 16, 1984]

Sec. 95.222  (R/C Rule 22) May I make any changes to my R/C station 
          transmitter?

    (a) You must not make or have anyone else make an internal 
modification to your R/C transmitter.
    (b) Internal modification does not include:
    (1) Repair or servicing of an R/C station transmitter (see R/C Rule 
21, Sec. 95.221); or
    (2) Changing plug-in modules which were type-accepted as part of 
your R/C transmitter.
    (c) You must not operate an R/C transmitter which has been modified 
by anyone in any way, including modification to operate on unauthorized 
frequencies or with illegal power. (See R/C Rules 9 and 10, Secs. 95.209 
and 95.210.)

Sec. 95.223  (R/C Rule 23) Do I have to make my R/C station available 
          for inspection?

    (a) If an authorized FCC representative requests to inspect your R/C 
station, you must make your R/C station and records available for 
inspection.
    (b) An R/C station includes all of the radio equipment you use.

Sec. 95.224  (R/C Rule 24) What are my station records?

    Your station records include the following documents, as applicable:
    (a) A copy of each response to an FCC violation notice or an FCC 
letter. (See R/C Rule 19, Sec. 95.219.)
    (b) Each written permission received from the FCC. (See R/C Rule 
17.)

Sec. 95.225  (R/C Rule 25) How do I contact the FCC?

    (a) Write to your nearest FCC Field Office if you:

[[Page 649]]

    (1) Want to report an interference complaint; or
    (2) Want to know if the FCC has type-accepted a transmitter for R/C.
    (b) Write to the FCC, Wireless Telecommunications Bureau, Private 
Wireless Division, Washington, DC 20554, if you have questions about the 
R/C Rules.
[48 FR 24890, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983; 
60 FR 50123, Sept. 28, 1995]

               Subpart D--Citizens Band (CB) Radio Service

    Source: 48 FR 24894, June 3, 1983, unless otherwise noted.

                           General Provisions

Sec. 95.401  (CB Rule 1) What are the Citizens Band Radio Services?

    The Citizens Band Radio Services are:
    (a) The Citizens Band (CB) Radio Service--a private, two-way, short-
distance voice communications service for personal or business 
activities of the general public. The CB Radio Service may also be used 
for voice paging.
    (b) The Family Radio Service (FRS)--a private, two-way, very short-
distance voice communications service for facilitating family and group 
activities. The rules for this service are contained in subpart B of 
this part.
    (c) The Low Power Radio Service (LPRS)--a private, short-distance 
communication service providing auditory assistance to persons with 
disabilities, persons who require language translation, and persons in 
educational settings, health care assistance to the ill, law enforcement 
tracking services in cooperation with law enforcement, and point-to-
point network control communications for Automated Marine 
Telecommunications System (AMTS) coast stations licensed under part 80 
of this chapter. The rules for this service are listed under subpart G 
of this part. Two-way voice communications are prohibited.
[61 FR 28769, June 6, 1996, as amended at 61 FR 46566, Sept. 4, 1996]

Sec. 95.402  (CB Rule 2) How do I use these rules?

    (a) You must comply with these rules (See CB Rule 21 Sec. 95.421, 
for the penalties for violations) when you operate a station in the CB 
Service from:
    (1) Within or over the territorial limits of places where radio 
services are regulated by the FCC (see CB Rule 5, Sec. 95.405);
    (2) Aboard any vessel or aircraft registered in the United States; 
or
    (3) Aboard any unregistered vessel or aircraft owned or operated by 
a United States citizen or company.
    (b) Your CB station must comply with technical rules found in 
subpart E of part 95.
    (c) Where the rules use the word ``you'', ``you'' means a person 
operating a CB station.
    (d) Where the rules use the word ``person,'' the rules are concerned 
with 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.
    (e) Where the rules use the term ``FCC'', that means the Federal 
Communications Commission.
    (f) Where the rules use the term ``CB station'', that means a radio 
station transmitting in the CB Radio Service.

Sec. 95.403  (CB Rule 3) Am I eligible to operate a CB station?

    You are authorized to operate a CB station unless:
    (a) You are a foreign government, a representative of a foreign 
government, or a federal government agency; or
    (b) The FCC has issued a cease and desist order to you, and the 
order is still in effect.

Sec. 95.404  (CB Rule 4) Do I need a license?

    You do not need an individual license to operate a CB station. You 
are authorized by this rule to operate your CB station in accordance 
with the rules in this subpart.

Sec. 95.405  (CB Rule 5) Where may I operate my CB station?

    You are authorized to operate your CB station from:

[[Page 650]]

    (a) Within or over any area of the world where radio services are 
regulated by the FCC. Those areas are within the territorial limits of:
    (1) The fifty United States.
    (2) The District of Columbia.

                         Caribbean Insular areas

    (3) Commonwealth of Puerto Rico.
    (4) Navassa Island.
    (5) United States Virgin Islands (50 islets and cays).

                          Pacific Insular areas

    (6) American Samoa (seven islands).
    (7) Baker Island.
    (8) Commonwealth of Northern Mariana Islands.
    (9) Guam Island.
    (10) Howland Island.
    (11) Jarvis Island.
    (12) Johnston Island (Islets East, Johnston, North and Sand).
    (13) Kingman Reef.
    (14) Midway Island (Islets Eastern and Sand).
    (15) Palmyra Island (more than 50 islets).
    (16) Wake Island (Islets Peale, Wake and Wilkes).
    (b) 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.)
    (c) An aircraft or ship, with the permission of the captain, within 
or over any area of the world where radio services are regulated by the 
FCC or upon or over international waters. You must operate your CB 
station according to any applicable treaty to which the United States is 
a party.

Sec. 95.406  (CB Rule 6) Are there any special restrictions on the 
          location of my CB station?

    (a) If your CB station is located on premises controlled by the 
Department of Defense you may be required to comply with additional 
regulations imposed by the commanding officer of the installation.
    (b) If your C/B station will be constructed on an environmentally 
sensitive site, or will be operated in such a manner as to raise 
environmental problems, under Sec. 1.1307 of this chapter, you must 
provide an environmental assessment, as set forth in Sec. 1.1311 of this 
chapter, and undergo the environmental review, Sec. 1.1312 of this 
chapter, before commencement of construction.
[48 FR 24894, June 3, 1983, as amended at 55 FR 20398, May 16, 1990]

                       How To Operate a CB Station

Sec. 95.407  (CB Rule 7) On what channels may I operate?

    (a) Your CB station may transmit only on the following channels 
(frequencies):

                                                                        
------------------------------------------------------------------------
                                                            Frequency   
                        Channel                         (megahertz--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.....................................................      \1\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