[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
26.................................................... 27.265
27.................................................... 27.275
28.................................................... 27.285
29.................................................... 27.295
30.................................................... 27.305
31.................................................... 27.315
32.................................................... 27.325
33.................................................... 27.335
34.................................................... 27.345
35.................................................... 27.355
36.................................................... 27.365
37.................................................... 27.375
38.................................................... 27.385
39.................................................... 27.395
40.................................................... 27.405
------------------------------------------------------------------------
\1\ See paragraph (b) of this section.
(b) Channel 9 may be used only for emergency communications or for
traveler assistance.
(c) You must, at all times and on all channels, give priority to
emergency
[[Page 651]]
communication messages concerning the immediate safety of life or the
immediate protection of property.
(d) You may use any channel for emergency communications or for
traveler assistance.
(e) You must share each channel with other users.
(f) The FCC will not assign any channel for the private or exclusive
use of any particular CB station or group of stations.
(g) The FCC will not assign any channel for the private of exclusive
use of CB stations transmitting single sideband or AM.
Sec. 95.408 (CB 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.
(d) If your CB station is located near an airport, and if you
antenna structure is more than 6.1 meters (20 feet) high, you 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 CB 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 CB station antennas near powerlines
is dangerous. For your safety, follow the installation directions
included with your antenna.
_______________________________________________________________________
[48 FR 24894, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983]
Sec. 95.409 (CB Rule 9) What equipment may I use at my CB station?
(a) You must use an FCC type-accepted CB transmitter at your CB
station. You can identify an FCC type-accepted transmitter by the type-
acceptance label placed on it by the manufacturer. You may examine a
list of type-accepted equipment at any FCC Field Office or at FCC
Headquarters. Use of a transmitter which is not FCC type-accepted voids
your authority to operate the station.
(b) You must not make, or have made, any internal modification to a
type-accepted CB transmitter. (See CB Rule 25, Sec. 95.425). Any
internal modification to a type-accepted CB transmitter cancels the
type-acceptance, and use of such a transmitter voids your authority to
operate the station.
Sec. 95.410 (CB Rule 10) How much power may I use?
(a) Your CB station transmitter power output must not exceed the
following values under any conditions:
AM (A3)--4 watts (carrier power) SSB--12 watts (peak envelope power)
(b) If you need more information about the power rule, see the
technical rules in subpart E of part 95.
(c) Use of a transmitter which has carrier or peak envelope power in
excess of that authorized voids your authority to operate the station.
Sec. 95.411 (CB Rule 11) May I use power amplifiers?
(a) You may not attach the following items (power amplifiers) to
your type-accepted CB transmitter in any way:
(1) External radio frequency (RF) power amplifiers (sometimes called
linears or linear amplifiers); or
(2) Any other devices which, when used with a radio transmitter as a
signal source, are capable of amplifying the signal.
[[Page 652]]
(b) There are no exceptions to this rule and use of a power
amplifier voids your authority to operate the station.
(c) The FCC will presume you have used a linear or other external RF
power amplifier if--
(1) It is in your possession or on your premises; and
(2) There is other evidence that you have operated your CB station
with more power than allowed by CB Rule 10, Sec. 95.410.
(d) Paragraph (c) of this section does not apply if you hold a
license in another radio service which allows you to operate an external
RF power amplifier.
Sec. 95.412 (CB Rule 12) What communications may be transmitted?
(a) You may use your CB station to transmit two-way plain language
communications. Two-way plain language communications are communications
without codes or coded messages. Operating signals such as ``ten codes''
are not considered codes or coded messages. You may transmit two-way
plain language communications only to other CB stations, to units of
your own CB station or to authorized government stations on CB
frequencies about--
(1) Your personal or business activities or those of members of your
immediate family living in your household;
(2) Emergencies (see CB Rule 18, Sec. 95.418);
(3) Traveler assistance (see CB Rule 18, Sec. 95.418); or
(4) Civil defense activities in connection with official tests or
drills conducted by, or actual emergencies announced by, the civil
defense agency with authority over the area in which your station is
located.
(b) You may use your CB station to transmit a tone signal only when
the signal is used to make contact or to continue communications.
(Examples of circuits using these signals are tone operated squelch and
selective calling circuits.) If the signal is an audible tone, it must
last no longer than 15 seconds at one time. If the signal is a
subaudible tone, it may be transmitted continuously only as long as you
are talking.
(c) You may use your CB station to transmit one-way communications
(messages which are not intended to establish communications between two
or more particular CB stations) only for emergency communications,
traveler assistance, brief tests (radio checks) or voice paging.
Sec. 95.413 (CB Rule 13) What communications are prohibited?
(a) You must not use a CB station--
(1) In connection with any activity which is against federal, state
or local law;
(2) To transmit obscence, indecent or profane words, language or
meaning;
(3) To interfere intentionally with the communications of another CB
station;
(4) To transmit one-way communications, except for emergency
communications, traveler assistance, brief tests (radio checks), or
voice paging;
(5) To advertise or solicit the sale of any goods or services;
(6) To transmit music, whistling, sound effects or any material to
amuse or entertain;
(7) To transmit any sound effect solely to attract attention;
(8) To transmit the word ``MAYDAY'' or any other international
distress signal, except when your station is located in a ship, aircraft
or other vehicle which is threatened by grave and imminent danger and
your are requesting immediate assistance;
(9) To communicate with, or attempt to communicate with, any CB
station more than 250 kilometers (155.3 miles) away;
(10) To advertise a political candidate or political campaign; (you
may use your CB radio for the business or organizational aspects of a
campaign, if you follow all other applicable rules);
(11) To communicate with stations in other countries, except General
Radio Service stations in Canada; or
(12) To transmit a false or deceptive communication.
(b) You must not use a CB station to transmit communications for
live or delayed rebroadcast on a radio or television broadcast station.
You may use your CB station to gather news items or to prepare programs.
[[Page 653]]
Sec. 95.414 (CB Rule 14) May I be paid to use my CB station?
(a) You may not accept direct or indirect payment for transmitting
with a CB station.
(b) You may use a CB 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 CB station.
Sec. 95.415 (CB Rule 15) Who is responsible for communications I make?
You are responsible for all communications which are made by you
from a CB station.
Sec. 95.416 (CB Rule 16) Do I have to limit the length of my
communications?
(a) You must limit your CB communications to the minimum practical
time.
(b) If you are communicating with another CB station or stations,
you, and the stations communicating with you, must limit each of your
conversations to no more than five continuous minutes.
(c) At the end of your conversation, you, and the stations
communicating with you, must not transmit again for at least one minute.
Sec. 95.417 (CB Rule 17) Do I identify my CB communications?
(a) You need not identify your CB communications.
(b) [You are encouraged to identify your CB communications by any of
the following means:
(1) Previously assigned CB call sign;
(2) K prefix followed by operator initials and residence zip code;
(3) Name; or
(4) Organizational description including name and any applicable
operator unit number.]
(c) [You are encouraged to use your ``handle'' only in conjuction
with the methods of identification listed in paragraph (b) of this
section.]
Sec. 95.418 (CB Rule 18) How do I use my CB station in an emergency or
to assist a traveler?
(a) You must at all times and on all channels, give priority to
emergency communications.
(b) When you are directly participating in emergency communications,
you do not have to comply with the rule about length of transmissions
(CB Rule 16, Sec. 95.416). You must obey all other rules.
(c) You may use your CB station for communications necessary to
assist a traveler to reach a destination or to receive necessary
services. When you are using your CB station to assist a traveler, you
do not have to obey the rule about length of transmissions (CB Rule 16,
Sec. 95.416). You must obey all other rules.
(d) You may use your CB station to transmit one-way communications
concerning highway conditions to assist travelers.
[48 FR 24894, June 3, 1983, as amended at 57 FR 22442, May 28, 1992]
Sec. 95.419 (CB Rule 19) May I operate my CB station transmitter by
remote control?
(a) You may not operate a CB station transmitter by radio remote
control.
(b) You may operate a CB 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, 1270
Fairfield Road, Gettysburg, PA 17325-7245. If you receive FCC approval,
you must keep the approval as part of your station records. (See CB Rule
27, Sec. 95.427.)
(c) Remote control means operation of a CB transmitter from any
place other than the location of the CB transmitter. Direct mechanical
control or direct electrical control by wire from some point on the same
premises, craft or vehicle as the CB transmitter is not considered
remote control.
[48 FR 24894, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]
Sec. 95.420 (CB Rule 20) May I connect my CB station transmitter to a
telephone?
(a) You may connect your CB station transmitter to a telephone if
you comply with all of the following:
(1) You or someone else must be present at your CB station and
must--
[[Page 654]]
(i) Manually make the connection (the connection must not be made by
remote control);
(ii) Supervise the operation of the transmitter during the
connection;
(iii) Listen to each communication during the connection; and
(iv) Stop all communications if there are operations in violation of
these rules.
(2) Each communication during the telephone connection must comply
with all of these rules.
(3) You must obey any restriction that the telephone company places
on the connection of a CB transmitter to a telephone.
(b) The CB transmitter you connect to a telephone must not be shared
with any other CB station.
(c) If you connect your CB transmitter to a telephone, you must use
a phone patch device with has been registered with the FCC.
Other Things You Need To Know
Sec. 95.421 (CB Rule 21) 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 24894, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]
Sec. 95.422 (CB Rule 22) How do I answer correspondence from the FCC?
(a) If it appears to the FCC that you have violated the
Communications Act or these 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 sends you a letter asking you questions about your CB
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.
(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 CB Rule 27, Sec. 95.427.)
Sec. 95.423 (CB Rule 23) What must I do if the FCC tells me that my CB
station is causing interference?
(a) If the FCC tells you that your CB 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 CB station
operation which may be included in the official notice.
Sec. 95.424 (CB Rule 24) How do I have my CB station transmitter
serviced?
(a) You may adjust an antenna to your CB 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
[[Page 655]]
proper operation. You must have all internal repairs or internal
adjustments to your CB transmitter made in accordance 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 a CB 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 an antenna to a transmitter;
(2) Detect or measure radiation of energy other than the intended
signal; or
(3) Tune a receiver to your CB 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 24894, June 3, 1983, as amended at 49 FR 20673, May 16, 1984]
Sec. 95.425 (CB Rule 25) May I make any changes to my CB station
transmitter?
(a) You must not make or have any one else make any internal
modification to your CB transmitter.
(b) Internal modification does not include:
(1) Repair or servicing of a CB station transmitter (see CB Rule 24,
Sec. 95.424); or
(2) Changing plug-in modules which were type accepted as part of
your CB transmitter.
(c) You must not operate a CB transmitter which has been modified by
anyone in any way, including modification to operate on unauthorized
frequencies or with illegal power. (See CB Rules 9 and 11, Secs. 95.409
and 95.411.)
Sec. 95.426 (CB Rule 26) Do I have to make my CB station available for
inspection?
(a) If an authorized FCC representative requests to inspect your CB
station, you must make your CB station and records available for
inspection.
(b) A CB station includes all of the radio equipment you use.
Sec. 95.427 (CB Rule 27) 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 CB Rule 22, Sec. 95.422.)
(b) Each written permission received from the FCC. (See CB Rule 19,
Sec. 95.419.)
Sec. 95.428 (CB Rule 28) How do I contact the FCC?
(a) Write to your nearest FCC Field Office if you:
(1) Want to report an interference complaint; or
(2) Want to know if the FCC has type-accepted a transmitter for CB.
(b) Write to the FCC, Wireless Telecommunications Bureau, Private
Wireless Division, Washington, DC 20554, if you have questions about the
RC Rules.
[48 FR 24894, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983;
60 FR 50123, Sept. 28, 1995]
Subpart E--Technical Regulations
Source: 53 FR 36789, Sept. 22, 1988, unless otherwise noted.
General Provisions
Sec. 95.601 Basis and purpose.
This section provides the technical standards to which each
transmitter (apparatus that converts electrical energy received from a
source into RF (radio frequency) energy capable of being radiated) used
or intended to be used in a station authorized in any of the Personal
Radio Services must comply. This section also provides requirements for
obtaining type acceptance or type certification for such transmitters.
The Personal Radio Services are the GMRS (General Mobile Radio
Service)--subpart A, the Family Radio Service (FRS)--subpart B, the R/C
[[Page 656]]
(Radio Control Radio Service)--subpart C, the CB (Citizens Band Radio
Service)--subpart D, and the Low Power Radio Service (LPRS)--subpart G.
[61 FR 46566, Sept. 4, 1996]
Sec. 95.603 Type acceptance or certification required.
(a) Each GMRS transmitter (a transmitter that operates or is
intended to operate at a station authorized in the GMRS) must be type
accepted.
(b) Each R/C transmitter (a transmitter that operates or is intended
to operate at a station authorized in the R/C) must be type accepted,
except one that transmits only in the 26-27 MHz frequency band and is
crystal controlled (where the transmitted frequency is established by a
crystal (a quartz piezo-electric element)).
(c) Each CB transmitter (a transmitter that operates or is intended
to operate at a station authorized in the CB) must be type accepted. No
CB transmitter type accepted pursuant to an application filed prior to
September 10, 1976, shall be manufactured or marketed.
(d) Each FRS unit (a transmitter that operates or is intended to
operate in the FRS) must be certified for use in the FRS in accordance
with Subpart J of Part 2 of this chapter.
(e) Each Low Power Radio Service transmitter (a transmitter that
operates or is intended to operate in the LPRS) must be type accepted.
[53 FR 36789, Sept. 22, 1988, as amended at 61 FR 28769, June 6, 1996;
61 FR 46567, Sept. 4, 1996]
Sec. 95.605 Type acceptance and certification procedures.
Any entity may request type acceptance for its transmitter when the
transmitter is used in the GMRS, R/C, CB, IVDS, or LPRS following the
procedures in part 2 of this chapter.
Any entity may request certification for its transmitter when the
transmitter is used in the FRS following the procedures in part 2 of
this chapter.
[61 FR 46567, Sept. 4, 1996]
Sec. 95.607 CB transmitter modification.
Only the holder of the grant of authorization of the particular type
accepted CB transmitter may make the modifications permitted under the
provisions for type acceptance (see part 2 of this chapter.) No grantee
shall make any of the following modifications to the transmitter without
prior written permission from the FCC (Federal Communications
Commission):
(a) The addition of any accessory or device not specified in the
application for type acceptance and authorized by the FCC in granting
the type acceptance;
(b) The addition of any switch, control or external connection;
(c) Any modification to provide for additional transmitting
frequencies, increased modulation level, a different form of modulation,
or increased TP (RF transmitter power expressed in W (watts), either
mean power (TP averaged over at least 30 cycles of the lowest modulating
frequency, typically 0.1 seconds at maximum power) or peak envelope
power (TP averaged during 1 RF cycle at the highest crest of the
modulation envelope), as measured at the transmitter output antenna
terminals.)
Technical Standards
Sec. 95.621 GMRS transmitter channel frequencies.
(a) The GMRS transmitter channel frequencies (reference frequencies
from which the carrier frequency, suppressed or otherwise, may not
deviate by more than the specified frequency tolerance) are 462.5500,
462.5625, 462.5750, 462.5875, 462.6000, 462.6125, 462.6250, 462.6375,
462.6500, 462.6625, 462.6750, 462.6875, 462.7000, 462.7125, 462.7250,
467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 467.7000,
and 467.7250.
Note: Certain GMRS transmitter channel frequencies are authorized
only for certain station classes and station locations. See part 95,
subpart A.
(b) Each GMRS transmitter for mobile station, small base station and
control station operation must be maintained within a frequency
tolerance of 0.0005%. Each GMRS transmitter for base station (except
small base), mobile relay station or fixed station operation must be
maintained within a frequency tolerance of 0.00025%.
[53 FR 47718, Nov. 25, 1988]
[[Page 657]]
Sec. 95.623 R/C transmitter channel frequencies.
(a) The R/C transmitter channel frequencies are:
MHz
26.995
27.045
27.095
27.145
27.195
27.255
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
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
Note: Certain R/C transmitter channel frequencies are authorized to
operate only certain kinds of devices (see part 95, subpart C.)
(b) Each R/C transmitter that transmits in the 26-27 MHz frequency
band with a mean TP of 2.5 W or less and that is used solely by the
operator to turn on and/or off a device at a remote location, other than
a device used solely to attract attention, must be maintained within a
fequency tolerance of 0.01%. All other R/C transmitters that transmit in
the 26-27 MHz frequency band must be maintained within a frequency
tolerance of 0.005%. Except as noted in paragraph (c) of this section,
R/C transmitters capable of operation in the 72-76 MHz band must be
maintained within a frequency tolerance of 0.005%.
(c) All R/C transmitters capable of operation in the 72-76 MHz band
that are manufactured in or imported into the United States, on or after
March 1, 1992, or are marketed on or after March 1, 1993, must be
maintained within a frequency tolerance of 0.002%. R/C transmitters
operating in the 72-76 MHz band and marketed before March 1, 1993, may
continue to be operated with a frequency tolerance of 0.005% until March
1, 1998.
[53 FR 36789, Sept. 22, 1988; 53 FR 52713, Dec. 29, 1988; 56 FR 15837,
Apr. 18, 1991]
Sec. 95.625 CB transmitter channel frequencies.
(a) The CB transmitter channel frequencies are:
------------------------------------------------------------------------
Channel No. (MHz)
------------------------------------------------------------------------
1.............................................................. 26.965
2.............................................................. 26.975
3.............................................................. 26.985
4.............................................................. 27.005
5.............................................................. 27.015
6.............................................................. 27.025
7.............................................................. 27.035
8.............................................................. 27.055
9.............................................................. 27.065
10............................................................. 27.075
11............................................................. 27.085
12............................................................. 27.105
13............................................................. 27.115
14............................................................. 27.125
15............................................................. 27.135
16............................................................. 27.155
17............................................................. 27.165
18............................................................. 27.175
19............................................................. 27.185
20............................................................. 27.205
21............................................................. 27.215
22............................................................. 27.225
23............................................................. 27.255
24............................................................. 27.235
25............................................................. 27.245
26............................................................. 27.265
27............................................................. 27.275
28............................................................. 27.285
29............................................................. 27.295
30............................................................. 27.305
31............................................................. 27.315
32............................................................. 27.325
33............................................................. 27.335
34............................................................. 27.345
35............................................................. 27.355
36............................................................. 27.365
37............................................................. 27.375
38............................................................. 27.385
39............................................................. 27.395
40............................................................. 27.405
[[Page 658]]
------------------------------------------------------------------------
(b) Each CB transmitter must be maintained within a frequency
tolerance of 0.005%.
Sec. 95.627 FRS unit channel frequencies.
(a) The FRS unit channel frequencies are:
------------------------------------------------------------------------
Channel No. (MHz)
------------------------------------------------------------------------
1....................................................... 462.5625
2....................................................... 462.5875
3....................................................... 462.6125
4....................................................... 462.6375
5....................................................... 462.6625
6....................................................... 462.6875
7....................................................... 462.7125
8....................................................... 467.5625
9....................................................... 467.5875
10...................................................... 467.6125
11...................................................... 467.6375
12...................................................... 467.6625
13...................................................... 467.6875
14...................................................... 467.7125
------------------------------------------------------------------------
(b) Each FRS unit must be maintained within a frequency tolerance of
0.00025%.
[61 FR 28769, June 6, 1996]
Sec. 95.629 LPRS transmitter frequencies.
(a) LPRS transmitters may operate on any frequency listed in
paragraphs (b), (c), and (d) of this section. Channels 19, 20, 50, and
151-160 are available exclusively for law enforcement tracking purposes.
AMTS transmissions are limited to the 216.750-217.000 MHz band for low
power point-to-point network control communications by AMTS coast
stations. Other AMTS transmissions in the 216-217 MHz band are
prohibited.
(b) Standard band channels. (1) The following table indicates
standard band frequencies. The channel bandwidth is 25 kHz.
------------------------------------------------------------------------
Center
Channel No. frequency
(MHz)
------------------------------------------------------------------------
1......................................................... 216.0125
2......................................................... 216.0375
3......................................................... 216.0625
4......................................................... 216.0875
5......................................................... 216.1125
6......................................................... 216.1375
7......................................................... 216.1625
8......................................................... 216.1875
9......................................................... 216.2125
10......................................................... 216.2375
11......................................................... 216.2625
12......................................................... 216.2875
13......................................................... 216.3125
14......................................................... 216.3375
15......................................................... 216.3625
16......................................................... 216.3875
17......................................................... 216.4125
18......................................................... 216.4375
19......................................................... 216.4625
20......................................................... 216.4875
21......................................................... 216.5125
22......................................................... 216.5375
23......................................................... 216.5625
24......................................................... 216.5875
25......................................................... 216.6125
26......................................................... 216.6375
27......................................................... 216.6625
28......................................................... 216.6875
29......................................................... 216.7125
30......................................................... 216.7375
31......................................................... 216.7625
32......................................................... 216.7875
33......................................................... 216.8125
34......................................................... 216.8375
35......................................................... 216.8625
36......................................................... 216.8875
37......................................................... 216.9125
38......................................................... 216.9375
39......................................................... 216.9625
40......................................................... 216.9875
------------------------------------------------------------------------
(2) LPRS transmitters operating on standard band channels must be
maintained within a frequency stability of 50 parts per million.
(c) Extra band channels. (1) The following table indicates extra
band frequencies. The channel bandwidth is 50 kHz.
------------------------------------------------------------------------
Center
Channel No. frequency
(MHz)
------------------------------------------------------------------------
41......................................................... 216.025
42......................................................... 216.075
43......................................................... 216.125
44......................................................... 216.175
45......................................................... 216.225
46......................................................... 216.275
47......................................................... 216.325
48......................................................... 216.375
49......................................................... 216.425
50......................................................... 216.475
51......................................................... 216.525
52......................................................... 216.575
53......................................................... 216.625
54......................................................... 216.675
55......................................................... 216.725
56......................................................... 216.775
57......................................................... 216.825
58......................................................... 216.875
59......................................................... 216.925
60......................................................... 216.975
------------------------------------------------------------------------
(2) LPRS transmitters operating on extra band channels must be
maintained within a frequency stability of 50 parts per million.
(d) Narrowband channels. (1) The following table indicates
narrowband frequencies. The channel bandwidth is 5
[[Page 659]]
kHz and the authorized bandwidth is 4 kHz.
------------------------------------------------------------------------
Center
Channel No. frequency
(MHz)
------------------------------------------------------------------------
61........................................................ 216.0025
62........................................................ 216.0075
63........................................................ 216.0125
64........................................................ 216.0175
65........................................................ 216.0225
66........................................................ 216.0275
67........................................................ 216.0325
68........................................................ 216.0375
69........................................................ 216.0425
70........................................................ 216.0475
71........................................................ 216.0525
72........................................................ 216.0575
73........................................................ 216.0625
74........................................................ 216.0675
75........................................................ 216.0725
76........................................................ 216.0775
77........................................................ 216.0825
78........................................................ 216.0875
79........................................................ 216.0925
80........................................................ 216.0975
81........................................................ 216.1025
82........................................................ 216.1075
83........................................................ 216.1125
84........................................................ 216.1175
85........................................................ 216.1225
86........................................................ 216.1275
87........................................................ 216.1325
88........................................................ 216.1375
89........................................................ 216.1425
90........................................................ 216.1475
91........................................................ 216.1525
92........................................................ 216.1575
93........................................................ 216.1625
94........................................................ 216.1675
95........................................................ 216.1725
96........................................................ 216.1775
97........................................................ 216.1825
98........................................................ 216.1875
99........................................................ 216.1925
100........................................................ 216.1975
101........................................................ 216.2025
102........................................................ 216.2075
103........................................................ 216.2125
104........................................................ 216.2175
105........................................................ 216.2225
106........................................................ 216.2275
107........................................................ 216.2325
108........................................................ 216.2375
109........................................................ 216.2425
110........................................................ 216.2475
111........................................................ 216.2525
112........................................................ 216.2575
113........................................................ 216.2625
114........................................................ 216.2675
115........................................................ 216.2725
116........................................................ 216.2775
117........................................................ 216.2825
118........................................................ 216.2875
119........................................................ 216.2925
120........................................................ 216.2975
121........................................................ 216.3025
122........................................................ 216.3075
123........................................................ 216.3125
124........................................................ 216.3175
125........................................................ 216.3225
126........................................................ 216.3275
127........................................................ 216.3325
128........................................................ 216.3375
129........................................................ 216.3425
130........................................................ 216.3475
131........................................................ 216.3525
132........................................................ 216.3575
133........................................................ 216.3625
134........................................................ 216.3675
135........................................................ 216.3725
136........................................................ 216.3775
137........................................................ 216.3825
138........................................................ 216.3875
139........................................................ 216.3925
140........................................................ 216.3975
141........................................................ 216.4025
142........................................................ 216.4075
143........................................................ 216.4125
144........................................................ 216.4175
145........................................................ 216.4225
146........................................................ 216.4275
147........................................................ 216.4325
148........................................................ 216.4375
149........................................................ 216.4425
150........................................................ 216.4475
151........................................................ 216.4525
152........................................................ 216.4575
153........................................................ 216.4625
154........................................................ 216.4675
155........................................................ 216.4725
156........................................................ 216.4775
157........................................................ 216.4825
158........................................................ 216.4875
159........................................................ 216.4925
160........................................................ 216.4975
161........................................................ 216.5025
162........................................................ 216.5075
163........................................................ 216.5125
164........................................................ 216.5175
165........................................................ 216.5225
166........................................................ 216.5275
167........................................................ 216.5325
168........................................................ 216.5375
169........................................................ 216.5425
170........................................................ 216.5475
171........................................................ 216.5525
172........................................................ 216.5575
173........................................................ 216.5625
174........................................................ 216.5675
175........................................................ 216.5725
176........................................................ 216.5775
177........................................................ 216.5825
178........................................................ 216.5875
179........................................................ 216.5925
180........................................................ 216.5975
181........................................................ 216.6025
182........................................................ 216.6075
183........................................................ 216.6125
184........................................................ 216.6175
185........................................................ 216.6225
186........................................................ 216.6275
187........................................................ 216.6325
188........................................................ 216.6375
189........................................................ 216.6425
190........................................................ 216.6475
191........................................................ 216.6525
192........................................................ 216.6575
193........................................................ 216.6625
194........................................................ 216.6675
195........................................................ 216.6725
196........................................................ 216.6775
197........................................................ 216.6825
198........................................................ 216.6875
199........................................................ 216.6925
200........................................................ 216.6975
201........................................................ 216.7025
[[Page 660]]
202........................................................ 216.7075
203........................................................ 216.7125
204........................................................ 216.7175
205........................................................ 216.7225
206........................................................ 216.7275
207........................................................ 216.7325
208........................................................ 216.7375
209........................................................ 216.7425
210........................................................ 216.7475
211........................................................ 216.7525
212........................................................ 216.7575
213........................................................ 216.7625
214........................................................ 216.7675
215........................................................ 216.7725
216........................................................ 216.7775
217........................................................ 216.7825
218........................................................ 216.7875
219........................................................ 216.7925
220........................................................ 216.7975
221........................................................ 216.8025
222........................................................ 216.8075
223........................................................ 216.8125
224........................................................ 216.8175
225........................................................ 216.8225
226........................................................ 216.8275
227........................................................ 216.8325
228........................................................ 216.8375
229........................................................ 216.8425
230........................................................ 216.8475
231........................................................ 216.8525
232........................................................ 216.8575
233........................................................ 216.8625
234........................................................ 216.8675
235........................................................ 216.8725
236........................................................ 216.8775
237........................................................ 216.8825
238........................................................ 216.8875
239........................................................ 216.8925
240........................................................ 216.8975
241........................................................ 216.9025
242........................................................ 216.9075
243........................................................ 216.9125
244........................................................ 216.9175
245........................................................ 216.9225
246........................................................ 216.9275
247........................................................ 216.9325
248........................................................ 216.9375
249........................................................ 216.9425
250........................................................ 216.9475
251........................................................ 216.9525
252........................................................ 216.9575
253........................................................ 216.9625
254........................................................ 216.9675
255........................................................ 216.9725
256........................................................ 216.9775
257........................................................ 216.9825
258........................................................ 216.9875
259........................................................ 216.9925
260........................................................ 216.9975
------------------------------------------------------------------------
(2) LPRS transmitters operating on narrowband channels must be
maintained within a frequency stability of 1.5 parts per million.
[61 FR 46567, Sept. 4, 1996]
Sec. 95.631 Emission types.
(a) A GMRS transmitter must transmit only emission types A1D, F1D,
G1D, H1D, J1D, R1D, A3E, F3E, G3E, H3E, J3E or R3E. A non-voice emission
is limited to selective calling or tone-operated squelch tones to
establish or continue voice communications. See Sec. 95.181 (g) and (h).
(b) An R/C transmitter may transmit any appropriate non-voice
emission which meets the emission limitations of Sec. 95.633.
(c) A CB transmitter may transmit only emission types A1D, H1D, J1D,
R1D, A3E, H3E, J3E, R3E. A non-voice emission is limited to selective
calling or tone-operated squelch tones to establish or continue voice
communications. See Sec. 95.412 (b) and (c).
(d) An FRS unit may transmit only emission type F3E. A non-voice
emission is limited to selective calling or tone-operated squelch tones
to establish or continue voice communications.
(e) No GMRS or CB transmitter shall employ a digital modulation or
emission.
(f) No GMRS, CB or R/C transmitter shall transmit non-voice data.
(g) An LPRS station may transmit any emission type appropriate for
communications in this service. Two-way voice communications, however,
are prohibited.
[53 FR 36789, Sept. 22, 1988. Redesignated and amended at 61 FR 28769,
June 6, 1996, and further redesignated and amended at 61 FR 46567,
46568, Sept. 4, 1996]
Sec. 95.633 Emission bandwidth.
(a) The authorized bandwidth (maximum permissible bandwidth of a
transmission) for emission type H1D, J1D, R1D, H3E, J3E or R3E is 4 kHz.
The authorized bandwidth for emission type A1D or A3E is 8 kHz. The
authorized bandwidth for emission type F1D, G1D, F3E or G3E is 20 kHz.
(b) The authorized bandwidth for any emission type transmitted by an
R/C transmitter is 8 kHz.
(c) The authorized bandwidth for emission type F3E transmitted by a
FRS unit is 12.5 kHz.
(d) For transmitters in the LPRS:
(1) The authorized bandwidth for narrowband frequencies is 4 kHz and
the channel bandwidth is 5 kHz
(2) The channel bandwidth for standard band frequencies is 25 kHz.
[[Page 661]]
(3) The channel bandwidth for extra band frequencies is 50 kHz.
(4) AMTS stations may use the 216.750-217.000 MHz band as a single
250 kHz channel so long as the signal is attenuated as specified in
Sec. 95.635(c).
[53 FR 36789, Sept. 22, 1988. Redesignated and amended at 61 FR 28769,
June 6, 1996, and further redesignated and amended at 61 FR 46567,
46568, Sept. 4, 1996]
Sec. 95.635 Unwanted radiation.
(a) In addition to the procedures in part 2, the following
requirements apply to each transmitter both with and without the
connection of all attachments acceptable for use with the transmitter,
such as an external speaker, microphone, power cord, antenna, etc.
(b) The power of each unwanted emission shall be less than TP as
specified in the applicable paragraph:
----------------------------------------------------------------------------------------------------------------
Transmitter Emission type Applicable paragraphs
----------------------------------------------------------------------------------------------------------------
GMRS.................................... A1D, A3E, F1D, G1D, F3E, G3E (1), (3), (7)
with filtering.
A1D, A3E, F1D, G1D, F3E, G3E (5), (6), (7)
without filtering.
H1D, J1D, R1D, H3E, J3E, R3E... (2), (4), (7)
FRS..................................... F3E with filtering............. (1), (3), (7)
Note: Filtering refers to the requirement in Sec. 95.635(b) R/C:
27 MHz band............................. As specified in Sec. 95.629(b) (1), (3), (7)
72-76 MHz band.......................... As specified in Sec. 95.629(b) (1), (3), (7), (10), (11), (12)
CB...................................... A1D, A3E....................... (1), (3), (8), (9)
H1D, J1D, R1D, H3E, J3E, R3E... (2), (4), (8), (9)
A1D, A3E type accepted before (1), (3), (7)
September 10, 1976.
H1D, J1D, R1D, H3E, J3E, R3E (2), (4), (7)
type accepted before September
10, 1986.
----------------------------------------------------------------------------------------------------------------
(c) For transmitters designed to operate in the LPRS, emissions
shall be attenuated in accordance with the following:
(1) Emissions for LPRS transmitters operating on standard band
channels (25 kHz) shall be attenuated below the unmodulated carrier in
accordance with the following:
(i) Emissions 12.5 kHz to 22.5 kHz away from the channel center
frequency: at least 30 dB; and
(ii) Emissions more than 22.5 kHz away from the channel center
frequency: at least 43 + 10log(carrier power in watts) dB.
(2) Emissions for LPRS transmitters operating on extra band channels
(50 kHz) shall be attenuated below the unmodulated carrier in accordance
with the following:
(i) Emissions 25 kHz to 35 kHz from the channel center frequency: at
least 30 dB; and
(ii) Emissions more than 35 kHz away from the channel center
frequency: at least 43 + 10log(carrier power in watts) dB.
(3) Emissions for LPRS transmitters operating on narrowband channels
(5 kHz) shall be attenuated below the power (P) of the highest emission,
measured in peak values, contained within the authorized bandwidth (4
kHz) in accordance with the following:
(i) On any frequency within the authorized bandwidth: Zero dB;
(ii) On any frequency removed from the center of the authorized
bandwidth by a displacement frequency (f<INF>d</INF> in kHz) of more
than 2 kHz up to and including 3.75 kHz: The lesser of 30 +
20(f<INF>d</INF>-2) dB, or 55 + 10 log(P), or 65 dB; and
(iii) On any frequency beyond 3.75 kHz removed from the center of
the authorized bandwidth: At least 55 + 10 log(P) dB.
(4) Emissions from AMTS transmitters using a single 250 kHz channel
shall be attenuated below the unmodulated carrier in accordance with the
following:
(i) Emissions from 125 kHz to 135 kHz away from the channel center
frequency; at least 30 dB; and
(ii) Emissions more than 135 kHz away from the channel center
frequency; at least 43 + 10log(carrier power in watts) dB.
[53 FR 36789, Sept. 22, 1988, as amended at 56 FR 15837, Apr. 18, 1991.
Redesignated and amended at 61 FR 28769, 28770, June 6, 1996, and
further redesignated and amended at 61 FR 46567, 46568, Sept. 4, 1996]
[[Page 662]]
Sec. 95.637 Modulation standards.
(a) A GMRS transmitter that transmits emission types F1D, G1D, or
G3E must not exceed a peak frequency deviation of plus or minus 5 kHz. A
GMRS transmitter that transmits emission type F3E must not exceed a peak
frequency deviation of plus or minus 5 kHz. A FRS unit that transmits
emission type F3E must not exceed a peak frequency deviation of plus or
minus 2.5 kHz, and the audio frequency response must not exceed 3.125
kHz .
(b) Each GMRS transmitter, except a mobile station transmitter with
a power output of 2.5 W or less, must automatically prevent a greater
than normal audio level from causing overmodulation. The transmitter
also must include audio frequency low pass filtering, unless it complies
with the applicable paragraphs of Sec. 95.631 (without filtering.) The
filter must be between the modulation limiter and the modulated stage of
the transmitter. At any frequency (f in kHz) between 3 and 20 kHz, the
filter must have an attenuation of at least 60 log<INF>10</INF> (f/3) dB
greater than the attenuation at 1 kHz. Above 20 kHz, it must have an
attenuation of at least 50 dB greater than the attenuation at 1 kHz.
(c) When emission type A3E is transmitted, the modulation must be
greater than 85% but must not exceed 100%. Simultaneous amplitude
modulation and frequency or phase modulation of a transmitter are not
permitted.
(d) When emission type A3E is transmitted by a CB transmitter having
a TP of greater than 2.5 W, the CB transmitter must automatically
prevent the modulation from exceeding 100%.
(e) Each CB transmitter that transmits emission type H3E, J3E or R3E
must be capable of transmitting the upper sideband. The capability of
also transmitting the lower sideband is permitted.
[53 FR 36789, Sept. 22, 1988. Redesignated and amended at 61 FR 28769,
28770, June 6, 1996, and further redesignated at 61 FR 46567, Sept. 4,
1996]
Sec. 95.639 Maximum transmitter power.
(a) No GMRS transmitter, under any condition of modulation, shall
exceed:
(1) 50 W Carrier power (average TP during one unmodulated RF cycle)
when transmitting emission type A1D, F1D, G1D, A3E, F3E or G3E.
(2) 50 W peak envelope TP when transmitting emission type H1D, J1D,
R1D, H3E, J3E or R3E.
(b) No R/C transmitter, under any condition of modulation, shall
exceed a carrier power or peak envelope TP (single-sideband only) of:
(1) 4 W in the 26-27 MHz frequency band, except on channel frequency
27.255 MHz;
(2) 25 W on channel frequency 27.255 MHz;
(3) 0.75 W in the 72-76 MHz frequency band.
(c) No CB transmitter, under any condition of modulation, shall
exceed:
(1) 4 W Carrier power when transmitting emission type A1D or A3E;
(2) 12 W peak envelope TP when transmitting emission type H1D, J1D,
R1D, H3E, J3E or R3E. Each CB transmitter which transmits emission type
H3E, J3E or R3E must automatically prevent the TP from exceeding 12 W
peak envelope TP or the manufacturer's rated peak envelope TP, whichever
is less.
(d) No FRS unit, under any condition of modulation, shall exceed
0.500 W effective radiated power (ERP).
(e) The maximum transmitter output power authorized for LPRS
stations is 100 mW.
[53 FR 36789, Sept. 22, 1988; 53 FR 44144, Nov. 1, 1988. Redesignated
and amended at 61 FR 28769, 28770, June 6, 1996, and further
redesignated and amended at 61 FR 46567, 46569, Sept. 4, 1996]
Type Acceptance Requirements
Sec. 95.645 Control accessibility.
(a) No control, switch or other type of adjustment which, when
manipulated, can result in a violation of the rules shall be accessible
from the transmitter operating panel or from exterior of the transmitter
enclosure.
(b) An R/C transmitter which incorporates plug-in frequency
determining modules which are changed by the user must be type accepted
with the modules. Each module must contain all of the frequency
determining circuitry including the oscillator. Plug-in crystals
[[Page 663]]
are not considered modules and must not be accessible to the user.
[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996]
Sec. 95.647 FRS unit and R/C transmitter antennas.
The antenna of each FRS unit, and the antenna of each R/C station
transmitting in the 72-76 MHz band, must be an integral part of the
transmitter. The antenna must have no gain (as compared to a half-wave
dipole) and must be vertically polarized.
[61 FR 28770, June 6, 1996. Redesignated at 61 FR 46567, Sept. 4, 1996]
Sec. 95.649 Power capability.
No CB, R/C, LPRS transmitter, or FRS unit shall incorporate
provisions for increasing its transmitter power to any level in excess
of the limits specified in Sec. 95.639.
[61 FR 46569, Sept. 4, 1996]
Sec. 95.651 Crystal control required.
All transmitters used in the Personal Radio Services must be crystal
controlled, except an R/C station that transmits in the 26-27 MHz
frequency band, a FRS unit, and a LPRS unit.
[61 FR 46569, Sept. 4, 1996]
Sec. 95.653 Instructions and warnings.
(a) A user's instruction manual must be supplied with each
transmitter marketed, and one copy (a draft or preliminary copy is
acceptable provided a final copy is provided when completed) must be
forwarded to the FCC with each request for type acceptance.
(b) The instruction manual must contain all information necessary
for the proper installation and operation of the transmitter including:
(1) Instructions concerning all controls, adjustments and switches
that may be operated or adjusted without resulting in a violation of the
rules.
(2) Warnings concerning any adjustment that could result in a
violation of the rules or that is recommended to 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 of those services.
(3) Warnings concerning the replacement of any transmitter component
(crystal, semiconductor, etc.) that could result in a violation of the
rules.
(4) For a CMRS transmitter, warnings concerning licensing
requirements and information concerning license application procedures.
[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996]
Sec. 95.655 Frequency capability.
(a) No transmitter will be type accepted for use in the CB service
if it is equipped with a frequency capability not listed in Sec. 95.625,
and no transmitter will be type accepted for use in the GMRS if it is
equipped with a frequency capability not listed in Sec. 95.621, unless
such transmitter is also type accepted for use in another radio service
for which the frequency is authorized and for which type acceptance is
also required. (Transmitters with frequency capability for the Amateur
Radio Services, Military Affiliate Radio System and Civil Air Patrol
will not be type accepted.)
(b) All frequency determining circuitry (including crystals) and
programming controls in each CB transmitter and in each GMRS transmitter
must be internal to the transmitter and must not be accessible from the
exterior of the transmitter operating panel or from the exterior of the
transmitter enclosure.
(c) No add-on device, whether internal or external, the function of
which is to extend the transmitting frequency capability of a CB
transmitter beyond its original capability, shall be manufactured, sold
or attached to any CB station transmitter.
[53 FR 47718, Nov. 25, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996]
[[Page 664]]
Additional Type Acceptance Requirements for CB Transmitters
Sec. 95.665 [Reserved]
Sec. 95.667 CB transmitter power.
The dissipation rating of all the semiconductors or electron tubes
which supply RF power to the antenna terminals of each CB transmitter
must not exceed 10 W. For semiconductors, the dissipation rating is the
greater of the collector or device dissipation value established by the
manufacturer of the semiconductor. These values may be temperature de-
rated by no more than 50 deg.C. For an electron tube, the dissipation
rating is the Intermittent Commercial and Amateur Service plate
dissipation value established by the manufacturer of the electron tube.
[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996]
Sec. 95.669 External controls.
(a) Only the following external transmitter controls, connections or
devices will normally be permitted in a CB transmitter:
(1) Primary power connection. (Circuitry or devices such as
rectifiers, transformers, or inverters which provide the nominal rated
transmitter primary supply voltage may be used without voiding the
transmitter type acceptance.)
(2) Microphone connection.
(3) Antenna terminals.
(4) Audio frequency power amplifier output connector and selector
switch.
(5) On-off switch for primary power to transmitter. This switch may
be combined with receiver controls such as the receiver on-off switch
and volume control.
(6) Upper/lower sideband selector switch (for a transmitter that
transmits emission type H3E, J3E or R3E).
(7) Carrier level selector control (for a transmitter that transmits
emission type H3E, J3E or R3E.) This control may be combined with the
sideband selector switch.
(8) Channel frequency selector switch.
(9) Transmit/receive selector switch.
(10) Meter(s) and selector switch(es) for monitoring transmitter
performance.
(11) Pilot lamp(s) or meter(s) to indicate the presence of RF output
power or that the transmitter control circuits are activated to
transmit.
(b) The FCC may authorize additional controls, connections or
devices after considering the functions to be performed by such
additions.
[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996]
Sec. 95.671 Serial number.
The serial number of each CB transmitter must be engraved on the
transmitter chassis.
[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996]
Sec. 95.673 Copy of rules.
A copy of part 95, subpart D, of the FCC Rules, current at the time
of packing of the transmitter, must be furnished with each CB
transmitter marketed.
[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996]
Appendix 1 to Subpart E to Part 95--Glossary of Terms
The definitions used in part 95, subpart E are:
Authorized bandwidth. Maximum permissible bandwidth of a
transmission.
Carrier power. Average TP during one unmodulated RF cycle.
CB. Citizens Band Radio Service.
CB transmitter. A transmitter that operates or is intended to
operate at a station authorized in the CB.
Channel frequencies. Reference frequencies from which the carrier
frequency, suppressed or otherwise, may not deviate by more than the
specified frequency tolerance.
Crystal. Quartz piezo-electric element.
Crystal controlled. Use of a crystal to establish the transmitted
frequency.
dB. Decibels.
FCC. Federal Communications Commission.
Filtering. Refers to the requirement in Sec. 95.633(b).
FRS. Family Radio Service.
GMRS. General Mobile Radio Service.
[[Page 665]]
GMRS transmitter. A transmitter that operates or is intended to
operate at a station authorized in the GMRS.
Harmful interference. Any transmission, radiation or induction that
endangers the functioning of a radionavigation or other safety service
or seriously degrades, obstructs or repeatedly interrupts a
radiocommunication service operating in accordance with applicable laws,
treaties and regulations.
Mean power. TP averaged over at least 30 cycles of the lowest
modulating frequency, typically 0.1 seconds at maximum power.
Peak envelope power. TP averaged during 1 RF cycle at the highest
crest of the modulation envelope.
R/C. Radio Control Radio Service.
R/C transmitter. A transmitter that operates or is intended to
operate at a station authorized in the R/C.
RF. Radio frequency.
Transmitter. Apparatus that converts electrical energy received from
a source into RF energy capable of being radiated.
TP. RF transmitter power expressed in W, either mean or peak
envelope, as measured at the transmitter output antenna terminals.
W. Watts.
[53 FR 36789, Sept. 22, 1988, as amended at 61 FR 28770, June 6, 1996]
Subpart F--Interactive Video and Data Service (IVDS)
General Provisions
Source: 57 FR 8275, Mar. 9, 1992, unless otherwise noted.
Sec. 95.801 Scope.
This subpart sets out the regulations governing the licensing and
operation of an Interactive Video and Data Service (IVDS) system. The
rules in this subpart are to be read in conjunction with applicable
requirements contained elsewhere in the Commission's Rules.
Sec. 95.803 IVDS description.
(a) An IVDS system is a point-to-multipoint, multipoint-to-point,
short distance communications service for its licensees to provide
information, products, or services to, and allow interactive responses
from, subscribers in the licensee's service area.
(b) The components of each IVDS system are its administrative
apparatus, its response transmitter units (RTUs), and one or more cell
transmitter stations (CTSs). RTUs may be used in any location within the
service area. Each IVDS system is authorized for a specific service area
and frequency segment. There can be a maximum of two IVDS systems per
service area. There are two frequency segments available for each
service area.
(c) Each IVDS system service area is one of the cellular system
service areas as defined by the Commission.
[57 FR 8275, Mar. 9, 1992, as amended at 61 FR 32711, June 25, 1996]
Sec. 95.805 Permissible communications.
(a) Each IVDS system may conduct CTS-to-RTU and RTU-to-CTS
communications between the system licensee and its subscriber's
locations.
(b) Direct CTS-to-CTS communications within the same IVDS system are
permitted.
(c) Direct RTU-to-RTU communications are prohibited. No mobile RTU
in an IVDS system may be interconnected with the public switched network
or any commercial mobile radio service.
(d) The licensee may use the IVDS system to interact with its
subscribers concerning products and services offered, polls conducted,
educational classes taught, and other activities in conjunction with
video and data delivery systems.
(e) An IVDS system may provide fixed and mobile service to
subscribers within its service area.
(f) No IVDS system may render a common carrier service.
[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36373, Aug. 13, 1992; 61
FR 32711, June 25, 1996]
System License Requirements
Sec. 95.811 License requirements.
(a) Each IVDS system must be licensed.
(b) Each CTS where the antenna does not exceed 6.1 meters (m) (20
feet) above ground or an existing man-made structure (other than an
antenna structure) is authorized under the IVDS system license. All
other CTSs must be individually licensed to the system licensee.
(c) Each component RTU in an IVDS system is authorized under the
IVDS system license or if associated with an
[[Page 666]]
individually licensed CTS, under that CTS license.
(d) The term of each IVDS system license and each CTS license is
five years.
[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36373, Aug. 13, 1992]
Sec. 95.813 Eligibility.
(a) An entity is eligible to hold an IVDS system license and its
associated individual CTS licenses if:
(1) The entity is an individual who is not a representative of a
foreign government; or
(2) The entity is a partnership and no partner is a representative
of a foreign government; or
(3) The entity is a corporation organized under the laws of the
United States of America; or
(4) The entity is a trust and no beneficiary is a representative of
a foreign government.
(b) No entity is eligible to hold an IVDS system license if:
(1) The entity already holds an IVDS system license or has an
interest in an IVDS system license for the same service area.
(2) The entity had an IVDS system license canceled within the past
three years for failure to meet the construction requirements specified
in Sec. 95.831.
(c) Each individually licensed CTS must also be held by the IVDS
system license for the service area in which the CTS is located.
[57 FR 8275, Mar. 9, 1992, as amended at 58 FR 25952, Apr. 29, 1993]
Sec. 95.815 License application.
(a) An application for an IVDS system license may be filed by an
eligible applicant for a service area only when there are less than two
existing IVDS system licenses.
(b) Each application for an IVDS system license must be made on a
separate FCC Form 600, and must be submitted to the Federal
Communications Commission, Interactive Video and Data Service, P.O. Box
358365, Pittsburgh, PA 15251-5365. Each application for a CTS license
where the CTS antenna exceeds 6.1m (20 feet) (see Sec. 95.811(b)) must
be made on a separate FCC Form 574, and must be submitted to the address
set forth in Sec. 1.1102 of this chapter.
(c) Each application shall be personally signed by the applicant, if
the applicant is an individual; by one of the partners, if the applicant
is a partnership; or by an officer or duly authorized employee, if the
applicant is a corporation.
(d) Each application for an IVDS system license must include the
following:
(1) A cover sheet specifying the applicant's name and address and
the specific service area number and name as defined in Sec. 95.803.
(2) A completed application (FCC Form 600).
(3) A plan showing how the applicant intends to minimize co-channel
interference and interference to adjacent channel users and a showing
that the proposed system will provide coverage (39 dbu) to at least 50
percent of the population (1990 census) or land area within the service
area.
(e) Each IVDS system license is licensed for an unlimited number of
CSTs that meet the 6.1 meter (20 foot) criteria.
(f) Each request by an IVDS system licensee to add, delete, or
modify an individually licensed CTS (the CTS antenna exceeds 6.1m (20
feet) (See Sec. 95.811(b))) must include the following:
(1) A cover sheet specifying the licensee's name and address and the
specific service area number and name where the IVDS system is located.
(2) A description of the system after the proposed addition,
deletion, or modification, including the population in the service area,
the number of component CTSs, and an explanation of how the system will
satisfy the service requirements specified in Sec. 95.831.
(3) A separate application (FCC Form 600) for each CTS that is being
added or modified.
(4) The license for each CTS that is being deleted.
(g) Any application not complying with the Commission's Rules will
be dismissed.
(h) Each application will be processed on a first-come-first-served
basis.
[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36373, Aug. 13, 1992; 58
FR 25952, Apr. 29, 1993; 61 FR 49075, Sept. 18, 1996]
[[Page 667]]
Sec. 95.816 Competitive bidding proceedings.
(a) Mutually exclusive IVDS initial applications are subject to
competitive bidding.
(b) The General Procedures set forth in 47 CFR part 1, subpart Q are
applicable to competitive bidding proceedings used to select among
mutually exclusive applicants for initial IVDS licenses.
(c) The specific procedures applicable to auctioning particular IVDS
licenses will be set forth by Public Notice. Generally, the following
competitive bidding procedures will be used to auction mutually
exclusive IVDS licenses. The Commission, however, may design and test
alternative procedures.
(1) Competitive bidding design options and mechanisms. The Wireless
Telecommunications Bureau will select competitive bidding design(s) and
mechanisms in accordance with Secs. 1.2103 and 1.2104 of this chapter.
If simultaneous multiple round bidding is used, the Wireless
Telecommunications Bureau has the discretion to vary the duration of the
bidding rounds or the interval at which bids are accepted at any time
before or during the course of the auction.
(2) Forms. (i) Applicants must submit short-form applications (FCC
Form 175) as specified in Commission Public Notices. Minor deficiencies
may be corrected prior to the auction. Major modifications such as
changes in ownership, failure to sign an application or failure to
submit required certifications will result in the dismissal of the
application. See 1.2105(a) and (b) of this chapter.
(ii) Applicants must submit a long-form application (FCC Form 600)
within ten (10) business days after being notified that it is the
winning bidder for a license. See 1.2107(c) and (d) of this chapter.
(3) Upfront payments. Each eligible bidder in the IVDS auction will
be required to submit an upfront payment of $9,000 per MSA license and
$2,500 per RSA license for the maximum number of licenses on which it
intends to bid pursuant to section 1.2106 of this chapter and procedures
specified by Public Notice.
(4) Down payments. See Sec. 1.2107(b) of this chapter.
(5) Full payment. Auction winners, except for small businesses
eligible for installment payments, must pay the balance of their winning
bids in a lump sum within five (5) business days following the grant of
their license(s). The grant of a license(s) to an auction winner(s) will
be conditioned on the timely payment of all monies due the Commission.
See 47 CFR 1.2109(a).
(6) Withdrawal, default or disqualification. See Secs. 1.2104(g) and
1.2109 of this chapter.
(d) Designated entities. Designated entities are small businesses,
and businesses owned by members of minority groups and/or women, as
defined in 47 CFR 1.2110(b).
(1) Bidding credits. (i) A winning bidder that qualifies as a small
business (as defined in 95.816(d)(4)(i) of this section) may use a
bidding credit of 10 percent to lower the cost of its winning bid.
(ii) A winning bidder that qualifies as a very small business (as
defined in 95.816(d)(4)(ii) of this section) may use a bidding credit of
15 percent to lower the cost of its winning bid.
(2) Installment payments. Each licensee that qualifies as a small
business may pay the remaining 80 percent of the net auction price in
quarterly installment payments pursuant to Sec. 1.2110(e) of this
chapter. Licensees who qualify for installment payments are entitled to
pay their winning bid amount in installments over the term of the
license, with interest charges to be fixed at the time of licensing at a
rate equal to the rate for five-year U.S. Treasury obligations. Payments
shall include interest only for the first two years and payments of
interest and principal amortized over the remaining three years of the
license term. A license issued to an eligible small business that elects
installment payments shall be conditioned on the full and timely
performance of the license holder's quarterly payments.
(3) Audits. (i) Applicants and licensees claiming eligibility under
this section shall be subject to audits by the Commission, using in-
house and contract resources. Selection for audit
[[Page 668]]
may be random, on information, or on the basis of other factors.
(ii) Consent to such audits is part of the certification included in
the short-form application (Form 175). Such consent shall include
consent to the audit of the applicant's or licensee's books, documents,
and other material (including accounting procedures and practices)
regardless of form or type, sufficient to confirm that such applicant's
or licensee's representations are, and remain, accurate. Such consent
shall include inspection at all reasonable times of the facilities, or
parts thereof, engaged in providing and transacting business, or keeping
records regarding licensed IVDS and shall also include consent to the
interview of principals, employees, customers and suppliers of the
applicant or licensee.
(4) Definitions--(i) Small business. A small business is an entity
that, together with its affiliates and persons or entities that hold
interests in such entity and their affiliates, has average annual gross
revenues that are not more than $15 million for the preceding three
years.
(ii) Very small business. A very small business is an entity that,
together with its affiliates and persons or entities that hold interests
in such entity and their affiliates, has average annual gross revenues
that are not more than $3 million for the preceding three years.
(iii) Gross revenues. Gross revenues shall mean all income received
by an entity, whether earned or passive, before any deductions are made
for costs of doing business (e.g., cost of goods sold), as evidenced by
audited financial statements for the relevant number of most recently
completed calendar years, or, if audited financial statements were not
prepared on a calendar-year basis, for the most recently completed
fiscal years preceding the filing of the applicant's short-form
application (Form 175). If an entity was not in existence for all or
part of the relevant period, gross revenues shall be evidenced by the
audited financial statements of the entity's predecessor-in-interest or,
if there is no identifiable predecessor-in-interest, unaudited financial
statements certified by the applicant as accurate. When an applicant
does not otherwise use audited financial statements, its gross revenues
may be certified by its chief financial officer or its equivalent.
(iv) Controlling interest shall be attributable. Controlling
interest means majority voting equity ownership, any general partnership
interest, or any means of actual working control (including negative
control) over the operation of the licensee, in whatever manner
exercised.
(v) Multiplier. Ownership interests that are held indirectly by any
party through one or more intervening corporations will be determined by
successive multiplication of the ownership percentages for each link in
the vertical ownership chain and application of the relevant attribution
benchmark to the resulting product, except that if the ownership
percentage for an interest in any link in the chain exceeds 50 percent
or represents actual control, it shall be treated as if it were a 100
percent interest.
(e) Unjust enrichment. (1) Any business owned by minorities and/or
women that has obtained a IVDS license in the IVDS auction held in July
1994 through the benefit of tax certificates shall not assign or
transfer control of its license within one year of its license grant
date. If the assignee or transferee is a business owned by minorities
and/or women, this paragraph shall not apply; provided, however, that
the assignee or transferee shall not assign or transfer control of the
license within one year of the grant date of the assignment or transfer.
(2) A licensee's (or other attributable entity's) increased gross
revenues due to nonattributable equity investments (i.e., from sources
whose gross revenues are not considered under 95.816(d)(4)(iv) of this
section), debt financing, revenue from operations or other investments,
business development or expanded service shall not be considered to
result in the licensee losing eligibility for preferences as a small
business or very small business under this section.
[59 FR 24957, May 13, 1994, as amended at 61 FR 49075, Sept. 18, 1996;
61 FR 60205, Nov. 27, 1996]
[[Page 669]]
Sec. 95.817 Application for renewal of license.
(a) Each application for renewal of an IVDS system license and for
renewal of each individually licensed CTS shall be submitted on a
Commission-generated FCC Form 574-R when the licensee has received that
form in the mail from the Commission. If the licensee has not received
the Form 574-R within sixty days of expiration, application for renewal
shall be submitted on FCC Form 405-A.
(b) Each application for renewal must be submitted as part of a
renewal package to the address set forth in Sec. 1.1102 of the
Commission's Rules.
(c) The renewal package must include a cover sheet specifying the
licensee's name and address and the service area number and name.
Sec. 95.819 License transferability.
(a) IVDS system licenses acquired through competitive bidding
procedures may be transferred, assigned, sold, or given away only in
accordance with the provisions and procedures set forth in 47 CFR
1.2111.
(b) Except for licenses acquired through competitive bidding
procedures, the licensees may not transfer, assign, sell, or give the
IVDS system licenses or any component CTS licenses to any other entity
until the five year construction benchmark (50 percent coverage) has
been met.
(c) Once the five year construction benchmark has been met,
licensees of IVDS systems that were not acquired through competitive
bidding may transfer, sell, assign, or give the IVDS system licenses
together with all of its component CTS licenses to any other entity in
accordance with the provisions of Sec. 95.821. If the licensee sells or
gives away the apparatus the new owner must obtain a new IVDS system
license and CTS licenses before placing it in operation.
[59 FR 24958, May 13, 1994]
Sec. 95.821 Application for transfer of control.
If an IVDS system licensee agrees to a change in control of the
station, the holder must request Commission consent for change of
control by filing a Form 703. The licensee shall mail the request,
together with the filing fee, to the address specified in Sec. 1.1102 of
this chapter. The document granting such consent must be kept as part of
the IVDS system authorization. An applicant for voluntary transfer of
control or assignment under this section where the subject license was
acquired by the transferor or assignor through a system of random
selection shall, together with its application for transfer of control
or assignment, file with the Commission the associated contracts for
sale, option agreements, management agreements, or other documents
disclosing the total consideration that the applicant would receive in
return for the transfer or assignment of its license. This information
should include not only a monetary purchase price, but also any future,
contingent, in-kind, or other consideration (e.g., management or
consulting contracts either with or without an option to purchase;
below-market financing).
[48 FR 35237, Aug. 3, 1983, as amended at 59 FR 9102, Feb. 25, 1994]
System Requirements
Sec. 95.831 Service requirements.
Subject to the initial construction requirements of Section 95.833,
each IVDS system licensee must make the service available to at least 50
percent of the population or land area located within the service area.
[61 FR 1288, Jan. 19, 1996]
Sec. 95.833 Construction requirements.
(a) Each IVDS system licensee must make the service available to at
least 30 percent of the population or land area within the service area
within three years of grant of the IVDS system license, and 50 percent
of the population or land area within five years of grant of the IVDS
system license. Failure to do so will cancel the IVDS system license
automatically. For the purposes of this section, a CTS is not considered
as providing service unless that CTS and two associated RTUs are placed
in operation.
(b) Each IVDS system licensee must file a progress report at the
conclusion of each of the two benchmark periods
[[Page 670]]
to inform the Commission of the construction status of the system. The
report must be addressed to: Federal Communications Commission. Wireless
Telecommunications Bureau, Special Services Branch, 1270 Fairfield Road,
Gettysburg, PA 17325-7245. The report must include:
(1) A showing of how the system meets the benchmark; and
(2) A list, including addresses, of all component CTSs constructed.
[61 FR 1288, Jan. 19, 1996]
Sec. 95.835 Station identification.
No RTU or CTS is required to transmit a station identification
announcement.
Sec. 95.837 Station inspection.
Upon request by an authorized Commission representative, the IVDS
system licensee must make any component CTS available for inspection.
Sec. 95.839 Operation in the National Radio Quiet Zone.
(a) Before constructing a CTS in any area within the National Radio
Quiet Zone (see Sec. 95.41) or before changing frequency segment,
transmitter power, antenna height or directivity, or the coverage area
of an existing CTS or RTU located within any area within the National
Radio Quiet Zone, the licensee must give written notification thereof to
the Interference Office, National Radio Astronomy Observatory, P.O. Box
2, Green Bank, WV 24944.
(b) The notification must include the geographical coordinates of
all component CTS antennas, antenna ground elevation above mean sea
level, antenna center of radiation above ground level, antenna
directivity, proposed frequency, type of emission, and transmitter
power.
(c) If an objection to the proposed CTS is received by the
Commission from the National Radio Astronomy Observatory at Green Bank,
Pocahontas County, WV, for itself or on behalf of the Naval Research
Laboratory at Sugar Grove Pendleton County, WV, within 20 days from the
date of notification, the Commission will consider all aspects of the
problem and take whatever action is deemed appropriate.
Sec. 95.841 Operation near a Commission monitoring facility.
Each CTS and each RTU transmitting from a location within 1.6 km (1
mile) of a Commission monitoring facility must protect that facility
from harmful interference. Failure to do so could result in imposition
of restrictions upon the operation of the CTS or RTU by the Engineer-in-
Charge of the facility. (Geographical coordinates of the facilities that
require protection are listed in Sec. 0.121(c) of this chapter.)
Technical Standards
Sec. 95.851 Type acceptance.
Each CTS and RTU transmitter must be typed-accepted for use in the
IVDS in accordance with subpart J of part 2 of this chapter.
Sec. 95.853 Frequency segments.
(a) Frequency segment A is 218.0-218.500 MHz. Frequency segment B is
218.501-219.0 MHz.
(b) Each CTS and each RTU in the same IVDS system shall transmit in
the same assigned frequency segment.
Sec. 95.855 Transmitter effective radiated power limitation.
(a) The effective radiated power (ERP) of each CTS and RTU shall be
limited to the minimum necessary for successful communications. RTUs
with powers in excess of 100 milliwatts must incorporate automatic power
control to ensure the minimum ERP is used. No CTS may transmit with an
ERP exceeding 20 watts. No fixed RTU may transmit with an ERP exceeding
20 watts. No mobile RTU may transmit with an ERP exceeding 100
milliwatts mean power.
(b) For an IVDS system located in a TV Channel 13 station Grade B
predicted contour, the maximum ERP shall be limited as follows:
------------------------------------------------------------------------
Maximum CTS
TV channel 13 service area ERP (watts)
------------------------------------------------------------------------
City Grade................................................. 20
Grade A.................................................... 7
Grade B.................................................... 1
Grade B +2 miles........................................... 1
Grade B +3 miles........................................... 3
Grade B +4 miles........................................... 10
Grade B +5 miles and beyond................................ 20
[[Page 671]]
------------------------------------------------------------------------
[57 FR 8275, Mar. 9, 1992, as amended at 61 FR 32711, June 25, 1996]
Sec. 95.857 Emission standards.
(a) All transmissions by each CTS and by each RTU shall use an
emission type that complies with the following standard for unnecessary
radiation.
(b) All spurious and out-of-band emissions shall be attenuated:
(1) Zero dB on any frequency within the authorized frequency
segment.
(2) At least 28 dB on any frequency removed from the midpoint of the
assigned frequency segment by more than 250 kHz up to and including 750
kHz;
(3) At least 35 dB on any frequency removed from the midpoint of the
assigned frequency segment by more than 750 kHz up to and including 1250
kHz;
(4) At least 43 plus 10 log (base 10) (mean power in watts) dB on
any frequency removed from the midpoint of the assigned frequency
segment by more than 1250 kHz.
(c) When testing for type acceptance, all measurements of
unnecessary radiation are performed using a carrier frequency as close
to the edge of the authorized frequency segment as the transmitter is
designed to be capable of operating.
(d) The resolution bandwidth of the instrumentation used to measure
the emission power shall be 100 Hz for measuring emissions up to and
including 250 kHz from the edge of the authorized frequency segment, and
10 kHz for measuring emissions more than 250 kHz from the edge of the
authorized frequency segment. If a video filter is used, its bandwidth
shall not be less than the resolution bandwidth. The power level of the
highest emission within the frequency segment, to which the attenuation
is referenced, shall be remeasured for each change in resolution
bandwidth.
Sec. 95.859 Antennas.
(a) The CTS antenna includes the radiating element(s), tower,
supports and all appurtenances. No CTS antenna shall be elevated higher
than necessary to assure adequate service.
(1) A CTS antenna located within a boundary line 16 km (10 miles)
outside the Grade B contour of a TV Channel 13 station may not exceed a
maximum Height Above Average Terrain (HAAT), as defined in Sec. 90.309,
and maximum ERP as set forth below:
------------------------------------------------------------------------
HAAT Maximum
-------------------------------------------------------------- ERP
(m) (feet) (watts)
------------------------------------------------------------------------
0-36.6.............................. 0-120.................. 20.0
36.6-73.2........................... 121-240................ 5.0
73.3-152.4.......................... 241-500................ 1.2
152.5-304.8......................... 501-1000............... 0.29
304.9-609.6......................... 1001-2000.............. 0.073
------------------------------------------------------------------------
(2) A CTS antenna located beyond a boundary line 16 km (10 miles)
outside the Grade B contour of a TV Channel 13 station may not exceed a
maximum HAAT, as defined in Sec. 90.309, and maximum ERP as set forth
below:
------------------------------------------------------------------------
HAAT Maximum
-------------------------------------------------------------- ERP
(m) (feet) (watts)
------------------------------------------------------------------------
0-152.4............................. 0-500.................. 20.0
152.5-304.8......................... 501-1000............... 5.0
304.9-609.6......................... 1001-2000.............. 1.2
------------------------------------------------------------------------
(b) No CTS antenna shall be located within 61 m (200 feet) of a
residential dwelling unless the IVDS system licensee has reduced power
such that the field strength of the CTS antenna at the residential
dwelling does not increase relative to the field strength of the CTS
antenna at 61 m or obtained the written concurrence of the resident(s)
within 61 m of the CTS antenna. The written concurrence must be kept as
part of the IVDS system authorization.
(c) The RTU may be connected to an external antenna not more than
6.1 m (20 feet) above ground or above an existing man-made structure
(other than an antenna structure). Connectors that are used to connect
RTUs to an external antenna shall not be of the types generally known as
``F-type'' or ``BNC type.'' Use of an external antenna is subject to
Sec. 95.861.
[57 FR 36373, Aug. 13, 1992]
Sec. 95.861 Interference.
(a) When an IVDS system suffers harmful interference within its
service
[[Page 672]]
area from or causes harmful interference to another IVDS system, the
licensees of both systems must cooperate and resolve the problem by
mutually satisfactory arrangements. If the licensees are unable to do
so, the Commission may impose restrictions including, but not limited
to, specifying the transmitter power, antenna height, or area or hours
of operation of the stations concerned.
(b) The use of any frequency segment at a given geographical
location may be denied when, in the judgment of the Commission, its use
in that location is not in the public interest; the use of a frequency
segment specified for the IVDS system may be restricted as to specified
geographical areas, maximum power, or other operating conditions.
(c) Unless the IVDS system licensee obtains written consent from the
TV Channel 13 station licensee to dispense with this notification, each
IVDS system licensee must notify all households located both within a TV
Channel 13 station Grade B predicted contour and the IVDS system service
area of the potential for interference from an IVDS system. The IVDS
system licensee must also inform those potentially affected households
that it will eliminate any objectionable interference to television
reception caused by its IVDS system. This notification shall be made no
earlier than two weeks before and no later than two weeks after
initiation of IVDS in the TV Channel 13 station Grade B predicted
contour. The written consent must be kept as part of the IVDS system
authorization.
(d) Each IVDS system licensee must provide upon request, and install
free of charge, an interference reduction device to any household within
a TV Channel 13 station Grade B predicted contour that experiences
interference due to a component CTS or RTU.
(e) Each IVDS system licensee must investigate and eliminate
interference to television broadcasting and reception, from its
component CTSs and RTUs, within 30 days of the time it is notified in
writing, by either an affected television station, an affected viewer,
or the Commission, of an interference complaint. Should the licensee
fail to eliminate the interference within the 30 day period, the CTS or
RTU causing the interference must discontinue operation.
(f) The boundaries for each IVDS service area, as defined in
Sec. 95.803, are the limit of interference protection for an IVDS
system.
[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36374, Aug. 13, 1992]
Sec. 95.863 Duty cycle.
(a) Except as provided in paragraph (b) of this section, the maximum
duty cycle of each RTU, either fixed or mobile, shall not exceed 5
seconds-per-hour, or, alternatively, not exceed one percent within any
100 millisecond interval.
(b) The duty cycle limitation specified above for RTUs does not
apply in the following situations:
(1) To fixed and mobile RTUs when there is no TV channel 13
predicted Grade B contour overlap in the licensed service area; or
(2) To fixed RTUs in areas where there is Grade B contour overlap
and the RTU is located outside the TV channel 13 predicted Grade B
contour but within the licensed service area.
[61 FR 32711, June 25, 1996]
Subpart G--Low Power Radio Service (LPRS)
Source: 61 FR 46569, Sept. 4, 1996, unless otherwise noted.
General Provisions
Sec. 95.1001 Eligibility.
An entity is authorized by rule to operate a LPRS transmitter and is
not required to be individually licensed by the FCC if it is not a
representative of a foreign government and if it uses the transmitter
only in accordance with Sec. 95.1009. Each entity operating a LPRS
transmitter for AMTS purposes must hold an AMTS license under part 80 of
this chapter.
Sec. 95.1003 Authorized locations.
LPRS operation is authorized:
(a) Anywhere CB station operation is permitted under Sec. 95.405(a);
and
(b) Aboard any vessel or aircraft of the United States, with the
permission
[[Page 673]]
of the captain, while the vessel or aircraft is either travelling
domestically or in international waters or airspace.
Sec. 95.1005 Station identification.
An LPRS station is not required to transmit a station identification
announcement.
Sec. 95.1007 Station inspection.
All LPRS system apparatus must be made available for inspection upon
request by an authorized FCC representative.
Sec. 95.1009 Permissible communications.
LPRS stations may transmit voice, data, or tracking signals as
permitted in this section. Two-way voice communications are prohibited.
(a) Auditory assistance communications (including but not limited to
applications such as assistive listening devices, audio description for
the blind, and simultaneous language translation) for:
(1) Persons with disabilities. In the context of the LPRS, the term
``disability'' has the meaning given to it by section 3(2)(A) of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), i.e,
persons with a physical or mental impairment that substantially limits
one or more of the major life activities of such individuals;
(2) Persons who require language translation; or
(3) Persons who may otherwise benefit from auditory assistance
communications in educational settings.
(b) Health care related communications for the ill.
(c) Law enforcement tracking signals (for homing or interrogation)
including the tracking of persons or stolen goods under authority or
agreement with a law enforcement agency (federal, state, or local)
having jurisdiction in the area where the transmitters are placed.
(d) AMTS point-to-point network control communications.
Sec. 95.1011 Channel use policy.
(a) The channels authorized to LPRS systems by this part are
available on a shared basis only and will not be assigned for the
exclusive use of any entity.
(b) Those using LPRS transmitters must cooperate in the selection
and use of channels in order to reduce interference and make the most
effective use of the authorized facilities. Channels must be selected in
an effort to avoid interference to other LPRS transmissions.
(c) Operation is subject to the conditions that no harmful
interference is caused to the United States Navy's SPASUR radar system
(216.88-217.08 MHz) or to TV reception within the Grade B contour of any
TV channel 13 station or within the 68 dBu predicted contour of any low
power TV or TV translator station operating on channel 13.
Sec. 95.1013 Antennas.
(a) The maximum allowable ERP for a station in the LPRS is 100 mW.
(b) AMTS stations must employ directional antennas.
(c) Antennas used with LPRS units must comply with the following:
(1) For LPRS units operating entirely within an enclosed structure,
e.g., a building, there is no limit on antenna height;
(2) For LPRS units not operating entirely within an enclosed
structure, the tip of the antenna shall not exceed 30.5 meters (100
feet) above ground. In cases where harmful interference occurs the FCC
may require that the antenna height be reduced; and
(3) The height limitation in paragraph (c)(2) of this section does
not apply to LPRS units in which the antenna is an integral part of the
unit.
Sec. 95.1015 Disclosure policies.
(a) Manufacturers of LPRS transmitters used for auditory assistance,
health care assistance, and law enforcement tracking purposes must
include with each transmitting device the following statement: ``This
transmitter is authorized by rule under the Low Power Radio Service (47
C.F.R. Part 95) and must not cause harmful interference to TV reception
or United States Navy SPASUR installations. You do not need an FCC
license to operate this transmitter. This transmitter may only be used
to provide: auditory assistance to persons with disabilities, persons
who require language
[[Page 674]]
translation, or persons in educational settings; health care services to
the ill; law enforcement tracking services under agreement with a law
enforcement agency; or automated maritime telecommunications system
(AMTS) network control communications. Two-way voice communications and
all other types of uses not mentioned above are expressly prohibited.''
(b) Prior to operating a LPRS transmitter for AMTS purposes, an AMTS
licensee must notify, in writing, each television station that may be
affected by such operations, as defined in Sec. 80.215(h) of this
chapter. The notification provided with the station's license
application is sufficient to satisfy this requirement if no new
television stations would be affected.
Sec. 95.1017 Labeling requirements.
(a) Each LPRS transmitting device shall bear the following statement
in a conspicuous location on the device: ``This device may not interfere
with TV reception or federal government radar, and must accept any
interference received, including interference that may cause undesired
operation.''
(b) Where an LPRS device is constructed in two or more sections
connected by wires and marketed together, the statement specified in
this section is required to be affixed only to the main control unit.
(c) When the LPRS device is so small or for such use that it is not
practicable to place the statement specified in the section on it, the
statement must be placed in a prominent location in the instruction
manual or pamphlet supplied to the user or, alternatively, shall be
placed on the container in which the device is marketed.
Sec. 95.1019 Marketing limitations.
Transmitters intended for operation in the LPRS may be marketed and
sold only for those uses described in Sec. 95.1109.