WAIS Document Retrieval[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR95]
[Page 521-575]
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS
COMMISSION (CONTINUED)
PART 95--PERSONAL RADIO SERVICES
Subpart A--General Mobile Radio Service (GMRS)
Sec.
95.1 The General Mobile Radio Service (GMRS).
95.3 License required.
95.5 Licensee eligibility.
95.7 Channel sharing.
95.21 GMRS system description.
95.23 Mobile station description.
95.25 Land station description.
95.27 Paging receiver description.
95.29 Channels available.
95.33 Cooperative use of radio stations in the GMRS.
95.45 Considerations on Department of Defense land and in other
circumstances.
95.51 Antenna height.
95.101 What the license authorizes.
95.103 Licensee duties.
95.105 License term.
95.115 Station inspection.
95.117 Where to contact the FCC.
95.119 Station identification.
95.129 Station equipment.
95.135 Maximum authorized transmitting power.
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.
95.171 Station operator duties.
95.179 Individuals who may be station operators.
95.181 Permissible communications.
95.183 Prohibited communications.
Appendix A to Subpart A to Part 95--Locations Where GMRS Is Regulated by
the FCC
Subpart B--Family Radio Service (FRS)
General Provisions
95.191 (FRS Rule 1) Eligibility and responsibility.
95.192 (FRS Rule 2) Authorized locations.
[[Page 522]]
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?
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?
[[Page 523]]
Subpart E--Technical Regulations
General Provisions
95.601 Basis and purpose.
95.603 Certification required.
95.605 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.
95.628 MICS transmitter.
95.629 LPRS transmitter frequencies.
95.630 WMTS transmitter frequencies.
95.631 Emission types.
95.632 MURS transmitter frequencies.
95.633 Emission bandwidth.
95.635 Unwanted radiation.
95.637 Modulation standards.
95.639 Maximum transmitter power.
Certification 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 Certification 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 of Part 95--Glossary of Terms
Subpart F--218-219 MHz Service
General Provisions
95.801 Scope.
95.803 218-219 MHz Service description.
95.805 Permissible communications.
95.807 Requesting regulatory status.
System License Requirements
95.811 License requirements.
95.812 License term.
95.813 Eligibility.
95.815 License application.
95.816 Competitive bidding proceedings.
95.819 License transferability.
95.823 Geographic partitioning and spectrum disaggregation.
System Requirements
95.831 Service requirements.
95.833 Construction requirements.
95.835 Station identification.
95.837 Station inspection.
Technical Standards
95.851 Certification.
95.853 Frequency segments.
95.855 Transmitter effective radiated power limitation.
95.857 Emission standards.
95.859 Antennas.
95.861 Interference.
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.
Subpart H--Wireless Medical Telemetry Service (WMTS)
General Provisions
95.1101 Scope.
95.1103 Definitions.
95.1105 Eligibility.
95.1107 Authorized locations.
95.1109 Equipment authorization requirement.
95.1111 Frequency coordination.
95.1113 Frequency coordinator.
95.1115 General technical requirements.
95.1117 Types of communications.
95.1119 Specific requirements for wireless medical telemetry devices
operating in the 608-614 MHz band.
95.1121 Specific requirements for wireless medical telemetry devices
operating in the 1395-1400 MHz and 1429-1432 MHz bands.
95.1123 Protection of medical equipment.
95.1125 RF safety.
95.1127 Station identification.
95.1129 Station inspection.
Subpart I--Medical Implant Communications (MICS)
95.1201 Eligibility.
95.1203 Authorized locations.
95.1205 Station identification.
95.1207 Station inspection.
95.1209 Permissible communications.
95.1211 Channel use policy.
95.1213 Antennas.
95.1215 Disclosure policies.
95.1217 Labeling requirements.
95.1219 Marketing limitations.
[[Page 524]]
Subpart J--Multi-Use Radio Service (MURS)
General Provisions
95.1301 Eligibility.
95.1303 Authorized locations.
95.1305 Station identification.
95.1307 Permissible communications.
95.1309 Channel use policy.
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303.
Editorial Note: Nomenclature changes to part 95 appear at 63 FR
54077, Oct. 8, 1998.
Subpart A--General Mobile Radio Service (GMRS)
Source: 48 FR 35237, Aug. 3, 1983, unless otherwise noted.
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 218-219 MHz Service is a two-way radio service authorized
for system licensees to provide communication service to 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; 64 FR 59659, Nov. 3, 1999]
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]
Sec. 95.5 Licensee eligibility.
(a) 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.
(b) A non-individual (an entity other than an individual) is
ineligible to obtain a new GMRS system license or make a major
modification to an existing GMRS system license (see Sec. 1.929 of this
chapter).
(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 a partnership and each partner is 18 years
of age or older; a corporation; an association; a state, territorial, or
local government unit; or a legal entity;
(2) The non-individual is not a foreign government; a representative
of a foreign government; or a federal government agency; and
(3) The licensee has not been granted a major modification to its
GMRS system.
[64 FR 53241, Oct. 1, 1999]
Sec. 95.7 Channel sharing.
(a) Channels or channel pairs (one 462 MHz frequency listed in
Sec. 95.29(a) of this part and one 467 MHz frequency listed in
Sec. 95.29(b) of this part) 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.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988; 63
FR 68974, Dec. 14, 1998; 64 FR 53241, Oct. 1, 1999]
[[Page 525]]
Sec. 95.21 GMRS system description.
A GMRS system is one or more transmitting units used by station
operators to communicate messages. A GMRS system is comprised of:
(a) One or more station operators;
(b) One mobile station consisting of one or more mobile units (see
Sec. 95.23 of this part);
(c) One or more land stations (optional);
(d) Paging receivers (optional); and
(e) Fixed stations (optional).
[63 FR 68974, Dec. 14, 1998]
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.
(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.
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984; 63
FR 68974, Dec. 14, 1998]
Sec. 95.25 Land station description.
(a) A land station is a unit which transmits from a specific address
as determined by the licensee.
(1) An exact point as shown on the license; or
(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) [Reserved]
(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; 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) Each base station and each control station with an antenna
height greater than 6.1 meters (20 feet) must be separately identified
on Form 605. See Secs. 95.25 (d) and (e) and 95.51 of this part.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988; 53
FR 51625, Dec. 22, 1988; 63 FR 68974, Dec. 14, 1998]
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) For a base station, fixed station, mobile station, or repeater
station (a GMRS station that simultaneously retransmits the transmission
of another GMRS station on a different channel or channels), the
licensee of the GMRS system must select the transmitting channels or
channel pairs (see Sec. 95.7(a) of this part) for the stations in the
GMRS system from the following 462 MHz channels:
462.5500, 462.5750, 462.6000, 462.6250, 462.6500, 462.6750, 462.7000 and
462.7250.
(b) For a mobile station, control station, or fixed station operated
in the duplex mode, the following 467 MHz channels may be used only to
transmit communications through a repeater station and for remotely
controlling a repeater station. The licensee of the
[[Page 526]]
GMRS system must select the transmitting channels or channel pairs (see
Sec. 95.7(a) of this part) for the stations operated in the duplex mode,
from the following 467 MHz channels:
467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 467.7000 and
467.7250.
(c)-(e) [Reserved]
(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 f 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, as amended at 63 FR 68974, Dec. 14, 1998;
64 FR 53241, Oct. 1, 1999]
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) [Reserved]
[48 FR 35237, Aug. 3, 1983, as amended at 63 FR 68975, Dec. 14, 1998]
Sec. 95.45 Considerations on Department of Defense land and in other
circumstances.
(a) The Department of Defense may impose additional restrictions on
a station transmitting on its land. (Before placing a station at such a
point, a licensee should consult with the commanding officer in charge
of the land.)
(b) Additional restrictions may apply when a land station in a GMRS
system is located near FCC field offices, near United States borders, in
quiet zones, or when it may have a significant impact upon the
environment. See Secs. 1.923 and 1.924 of this chapter.
[63 FR 68975, Dec. 14, 1998]
Sec. 95.51 Antenna height.
(a) Certain antenna structures used in a GMRS system and that are
more than 60.96 m (200 ft) in height, or are located near or at a
public-use airport must be notified to the FAA and registered with the
Commission as required by part 17 of this chapter.
(b) The antenna for a small base station 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.
[63 FR 68975, Dec. 14, 1998]
[[Page 527]]
Sec. 95.101 What the license authorizes.
(a) A GMRS license authorizes a GMRS station to transmit messages to
other GMRS stations at any geographical location within or over the
territorial limits of any area where radio services are regulated by the
FCC. These points are listed in Appendix A.
(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.
(d) For non-individual licensees, the license together with the
system specifications for that license as maintained by the Commission
represent the non-individual licensees' maximum authorized system.
[48 FR 35237, Aug. 3, 1983, as amended at 63 FR 68975, Dec. 14, 1998; 64
FR 53242, Oct. 1, 1999]
Sec. 95.103 Licensee duties.
The licensee is responsible for the proper operation of the GMRS
system at all times. The licensee is also responsible for the
appointment of a station operator.
[63 FR 68975, Dec. 14, 1998]
Editorial Note: At 64 FR 53242, Oct. 1, 1999, Sec. 95.103 was
amended by revising paragraphs (a) and (b), effective Nov. 30, 1999.
However, Sec. 95.103, as revised at 63 FR 68975, Dec. 14, 1998,
effective Feb. 12, 1999, does not contain paragraphs (a) and (b), and
the revisions could not be made. For the convenience of the user, the
revised text is set forth as follows:
Sec. 95.103 Licensee duties.
(a) The licensee is responsible for the proper operation of the GMRS
system at all times. The licensee is also responsible for the
appointment of a station operator.
(b) The licensee may limit the use of repeater to only certain user
stations.
* * * * *
Sec. 95.105 License term.
A license for a GMRS system is usually issued for a 5-year term.
[63 FR 68975, Dec. 14, 1998]
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, the licensee must make them available.
[48 FR 35237, Aug. 3, 1983, as amended at 63 FR 68975, Dec. 14, 1998]
Sec. 95.117 Where to contact the FCC.
Additional GMRS information may be obtained from any of the
following sources:
(a) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov/wtb/prs.
(c) In writing, to the FCC, Attention: GMRS, 1270 Fairfield Road,
Gettysburg, PA 17325-7245.
[63 FR 68975, Dec. 14, 1998]
Sec. 95.119 Station identification.
(a) Except as provided in paragraph (e), every GMRS station 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 the GMRS
station or system.
(c) A unit number may be included after the call sign in the
identification.
(d) The station identification must be transmitted in:
(1) Voice in the English language; or
(2) International Morse code telegraphy.
(e) A station need not identify its transmissions if it
automatically retransmits communications from another station which are
properly identified.
[48 FR 35237, Aug. 3, 1983, as amended at 63 FR 68975, Dec. 14, 1998]
[[Page 528]]
Sec. 95.129 Station equipment.
Every station in a GMRS system must use transmitters the FCC has
certificated for use in the GMRS. Write to any FCC Field Office to find
out if a particular transmitter has been certificated for the GMRS. All
station equipment in a GMRS system must comply with the technical rules
in part 95.
[63 FR 68975, Dec. 14, 1998]
Sec. 95.135 Maximum authorized transmitting power.
(a) No station may transmit with more than 50 watts output power.
(b) [Reserved]
(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 must transmit with no more than 15 watts output
power.
(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; 63
FR 68975, Dec. 14, 1998]
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) Non-individual licensees may not add any small base station or
small control stations to their GMRS systems.
[53 FR 47717, Nov. 25, 1988, as amended at 63 FR 68976, Dec. 14, 1998]
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.
Sec. 95.171 Station operator duties.
When a GMRS station is transmitting, it must have a station
operator. The station operator must be at the control point for that
station. The same person may be the operator for more than one station
at the same time. The station operator communicates messages and
controls the station. The station operator must also cooperate in
sharing each channel with station operators of other stations.
[63 FR 68976, Dec. 14, 1998]
Sec. 95.179 Individuals who may be station operators.
(a) An individual GMRS system licensee may permit immediate family
members to be station operators in his or her GMRS system. 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) 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
(1) 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.
------------------------------------------------------------------------
[[Page 529]]
(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
(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.
[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988; 53
FR 51625, Dec. 22, 1988; 63 FR 68976, Dec. 14, 1998]
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.
(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).
[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984; 56
FR 13289, Apr. 1, 1991; 63 FR 68976, Dec. 14, 1998]
Sec. 95.183 Prohibited communications.
(a) 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 permissible);
(5) Intentional interference;
(6) Music, whistling, sound effects or material to amuse or
entertain;
(7) Obscene, profane or indecent words, language or meaning;
(8) Advertisements or offers for the sale of goods or services;
[[Page 530]]
(9) Advertisements for a political candidate or political campaign
(messages about the campaign business may be communicated);
(10) International distress signals, such as the word ``Mayday''
(except when on a ship, aircraft or other vehicle in immediate danger to
ask for help);
(11) Programs (live or delayed) intended for radio or television
station broadcast;
(12) Messages which are both conveyed by a wireline control link and
transmitted by a GMRS station;
(13) Messages (except emergency messages) to any station in the
Amateur Radio Service, to any unauthorized station, or to any foreign
station;
(14) Continuous or uninterrupted transmissions, except for
communications involving the immediate safety of life or property;
(15) Messages for public address systems.
(b) 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.
[63 FR 68976, Dec. 14, 1998]
Appendix A to Subpart A to Part 95--Locations Where GMRS Is Regulated by
the FCC
In ITU Region 2, the GMRS is regulated by the Commission within the
territorial limits of the 50 United States, District of Columbia,
Caribbean Insular areas (Commonwealth of Puerto Rico, United States
Virgin Islands (50 islets and cays) and Navassa Island), and Johnston
Island (Islets East, Johnston, North and Sand) and Midway Island (Islets
Eastern and Sand) in the Pacific Insular areas.
In ITU Region 3, the GMRS is regulated by the Commission within the
Pacific Insular territorial limits of American Samoa (seven islands),
Baker Island, Commonwealth of Northern Mariana Islands, Guam Island,
Howland Island, Jarvis Island, Kingman Reef, Palmyra Island (more than
50 islets), and Wake Island (Islets Peale, Wake and Wilkes).
[63 FR 68976, Dec. 14, 1998]
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
[[Page 531]]
the FCC or upon or over international waters.
(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)-(c) [Reserved]
(d) Anyone intending to operate an FRS unit on the islands of Puerto
Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could pose
an interference threat to the Arecibo Observatory shall notify the
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo,
Puerto Rico 00613, in writing or electronically, of the location of the
unit. Operators may wish to consult interference guidelines, which will
be provided by Cornell University. Operators who choose to transmit
information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo Observatory
shall be made 45 days prior to commencing operation of the unit. The
notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has satisfied
its responsibility to make reasonable efforts to protect the Observatory
from interference, the unit may be allowed to operate.
[61 FR 28768, June 6, 1996, as amended at 62 FR 55535, Oct. 27, 1997; 63
FR 68976, Dec. 14, 1998]
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
[[Page 532]]
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 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
[[Page 533]]
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.
(c) Anyone intending to operate an R/C station on the islands of
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could
pose an interference threat to the Arecibo Observatory shall notify the
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo,
Puerto Rico 00613, in writing or electronically, of the location of the
unit. Operators may wish to consult interference guidelines, which will
be provided by Cornell University. Operators who choose to transmit
information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo Observatory
shall be made 45 days prior to commencing operation of the unit. The
notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has satisfied
its responsibility to make reasonable efforts to protect the Observatory
from interference, the unit may be allowed to operate.
[48 FR 24890, June 3, 1983, as amended at 55 FR 20398, May 16, 1990; 62
FR 55535, Oct. 27, 1997]
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 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
[[Page 534]]
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.
(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 certificated R/C transmitter (certificated means the FCC
has determined that certain radio equipment is capable of meeting
recommended standards for operation); or
(2) A non-certificated 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 26.955-27.255 MHz which
is not certificated 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 certificated 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
certificated transmitter. (See R/C Rule
[[Page 535]]
22.) Any internal modification to a certificated transmitter cancels the
certification, and use of such a transmitter voids your authority to
operate the station.
[63 FR 36610, July 7, 1998]
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.)
[GRAPHIC] [TIFF OMITTED] TC02AP91.014
[[Page 536]]
(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.
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. 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.
[48 FR 24890, June 3, 1983, as amended at 63 FR 68976, Dec. 14, 1998]
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
[[Page 537]]
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.
(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 certificated
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
[[Page 538]]
(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; 63
FR 36610, July 7, 1998]
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 certificated 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.)
[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]
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) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov.
(c) In writing, to FCC, Attention: R/C, 1270 Fairfield Road,
Gettysburg, PA 17325-7245.
[63 FR 68976, Dec. 14, 1998]
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.
(d) The Medical Implant Communications Service (MICS)--an ultra-low
power radio service for the transmission of non-voice data for the
purpose of facilitating diagnostic and/or therapeutic functions
involving implanted medical devices. The rules for this service are
contained in subpart I of this part.
(e) The Wireless Medical Telemetry Service (WMTS)--a private, short
distance data communication service for
[[Page 539]]
the transmission of patient medical information to a central monitoring
location in a hospital or other medical facility. Voice and video
communications are prohibited. Waveforms such as electrocardiograms
(ECGs) are not considered video. The rules for this service are
contained in subpart H of this part.
(f) The Multi-Use Radio Service (MURS)--a private, two-way, short-
distance voice, data or image communications service for personal or
business activities of the general public. The rules for this service
are contained in subpart J of this part.
[61 FR 28769, June 6, 1996, as amended at 61 FR 46566, Sept. 4, 1996; 64
FR 69929, Dec. 15, 1999; 65 FR 44008, July 17, 2000; 65 FR 53190, Sept.
1, 2000; 65 FR 60877, Oct. 13, 2000]
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:
(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--
[[Page 540]]
(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.
(d) Anyone intending to operate a CB station on the islands of
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could
pose an interference threat to the Arecibo Observatory shall notify the
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo,
Puerto Rico 00613, in writing or electronically, of the location of the
unit. Operators may wish to consult interference guidelines, which will
be provided by Cornell University. Operators who choose to transmit
information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo Observatory
shall be made 45 days prior to commencing operation of the unit. The
notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has satisfied
its responsibility to make reasonable efforts to protect the Observatory
from interference, the unit may be allowed to operate.
[48 FR 24894, June 3, 1983, as amended at 62 FR 55535, Oct. 27, 1997]
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.
[[Page 541]]
(c) 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.
(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 certificated CB transmitter at your CB
station. You can identify an FCC certificated transmitter by the
certification label placed on it by the manufacturer. You may examine a
list of certificated equipment at any FCC Field Office or at FCC
Headquarters. Use of a transmitter which is not FCC certificated voids
your authority to operate the station.
(b) You must not make, or have made, any internal modification to a
certificated CB transmitter. (See CB Rule 25, Sec. 95.425). Any internal
modification to a certificated CB transmitter cancels the certification,
and use of such a transmitter voids your authority to operate the
station.
[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]
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 certificated CB transmitter in any way:
(1) External radio frequency (RF) power amplifiers (sometimes called
linears or linear amplifiers); or
[[Page 542]]
(2) Any other devices which, when used with a radio transmitter as a
signal source, are capable of amplifying the signal.
(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.
[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]
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
[[Page 543]]
delayed rebroadcast on a radio or television broadcast station. You may
use your CB station to gather news items or to prepare programs.
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. 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; 63
FR 68976, Dec. 14, 1998]
[[Page 544]]
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--
(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
[[Page 545]]
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. 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 certificated 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.)
[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]
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) FCC National Call Center at 1-888-225-5322.
(b) FCC World Wide Web homepage: http://www.fcc.gov.
(c) In writing, to FCC, Attention: CB, 1270 Fairfield Road,
Gettysburg, PA 17325-7245.
[63 FR 68976, Dec. 14, 1998]
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 certification for such transmitters. The Personal Radio
[[Page 546]]
Services are the GMRS (General Mobile Radio Service)--subpart A, the
Family Radio Service (FRS)--subpart B, the R/C (Radio Control Radio
Service)--subpart C, the CB (Citizens Band Radio Service)--subpart D,
the Low Power Radio Service (LPRS)--subpart G, the Wireless Medical
Telemetry Service (WMTS)--subpart H, the Medical Implants Communication
Service (MICS)--subpart I, and the Multi-Use Radio Service (MURS)--
subpart J.
[61 FR 46566, Sept. 4, 1996, as amended at 63 FR 36610, July 7, 1998; 64
FR 69929, Dec. 15, 1999; 65 FR 44008, July 17, 2000; 65 FR 60877, Oct.
13, 2000]
Sec. 95.603 Certification required.
(a) Each GMRS transmitter (a transmitter that operates or is
intended to operate at a station authorized in the GMRS) must be
certificated.
(b) Each R/C transmitter (a transmitter that operates or is intended
to operate at a station authorized in the R/C) must be certificated,
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 certificated. No
CB transmitter certificated 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 certificated.
(f) Each Medical Implant Communications Service transmitter (a
transmittethat operates or is intended to operate in the MICS) must be
certificated except for medical implant transmitters that are not
marketed for use in the United States, but which otherwise comply with
the MICS technical requirements and are operated in the United States by
individuals who have traveled to the United States from abroad. Medical
implant transmitters (as defined in appendix 1 to subpart E of part 95
of this chapter) are subject to the radiofrequency radiation exposure
requirements specified in Secs. 1.1307 and 2.1093 of this chapter, as
appropriate. Applications for equipment authorization of devices
operating under this section must contain a finite difference time
domain (FDTD) computational modeling report showing compliance with
these provisions for fundamental emissions. The Commission retains the
discretion to request the submission of specific absorption rate
measurement data.
(g) Each Multi-Use Radio Service transmitter (a transmitter that
operates or is intended to operate in the MURS) must be certified in
accordance with Sec. 90.203 of this chapter.
[53 FR 36789, Sept. 22, 1988, as amended at 61 FR 28769, June 6, 1996;
61 FR 46567, Sept. 4, 1996; 63 FR 36610, July 7, 1998; 64 FR 69929, Dec.
15, 1999; 65 FR 60877, Oct. 13, 2000]
Sec. 95.605 Certification procedures.
Any entity may request certification for its transmitter when the
transmitter is used in the GMRS, FRS, R/C, CB, IVDS, LPRS, MURS, or MICS
following the procedures in part 2 of this chapter. Medical implant
transmitters shall be tested for emissions and EIRP limit compliance
while enclosed in a medium that simulates human body tissue in
accordance with the procedures in Sec. 95.639(g). Frequency stability
testing for MICS transmitters shall be performed over the temperature
range set forth in Sec. 95.628.
[63 FR 36610, July 7, 1998, as amended at 64 FR 69930, Dec. 15, 1999; 65
FR 60877, Oct. 13, 2000]
Sec. 95.607 CB transmitter modification.
Only the holder of the grant of authorization of the particular
certificated CB transmitter may make the modifications permitted under
the provisions for certification (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 certification and authorized by the FCC in granting the
certification;
[[Page 547]]
(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.)
[53 FR 36789, Sept. 22, 1988, as amended at 63 FR 36610, July 7, 1998]
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]
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
[[Page 548]]
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
------------------------------------------------------------------------
(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. 95.628 MICS transmitter.
(a) Frequency monitoring. Medical implant programmer/control
transmitters must incorporate a mechanism for monitoring the channel or
channels that the MICS system devices intend to occupy. The monitoring
system antenna shall be the antenna normally used by the programmer/
control transmitter for a communications session. Before a medical
implant programmer/control transmitter initiates a MICS communications
session, the following access criteria must be met:
(1) The monitoring system bandwidth measured at its 20 dB down
points must be equal to or greater than the emission bandwidth of the
intended transmission.
(2) Within 5 seconds prior to initiating a communications session,
circuitry associated with a medical implant programmer/control
transmitter must monitor the channel or channels the MICS system devices
intend to occupy for a minimum of 10 milliseconds per channel.
(3) Based on use of an isotropic monitoring system antenna, the
monitoring threshold power level must not be more than 10logB(Hz) - 150
(dBm/Hz) + G(dBi) where B is the emission bandwidth of the MICS
communication session transmitter having the widest emission and G is
the medical implant programmer/control transmitter monitoring system
antenna gain relative to an isotropic antenna. For purposes of showing
compliance with the above
[[Page 549]]
provision, the above calculated threshold power level must be increased
or decreased by an amount equal to the monitoring system antenna gain
above or below the gain of an isotropic antenna, respectively.
(4) If no signal in a MICS channel above the monitoring threshold
power level is detected, the medical implant programmer/control
transmitter may initiate a MICS communications session involving
transmissions to and from a medical implant device on that channel. The
MICS communications session may continue as long as any silent period
between consecutive data transmission bursts does not exceed 5 seconds.
If a channel meeting the criteria in paragraph (a)(3) of this section is
unavailable, the channel with the lowest ambient power level may be
accessed.
(5) When a channel is selected prior to a MICS communications
session, it is permissible to select an alternate channel for use if
communications is interrupted, provided that the alternate channel
selected is the next best choice using the above criteria. The alternate
channel may be accessed in the event a communications session is
interrupted by interference. The following criteria must be met:
(i) Before transmitting on the alternate channel, the channel must
be monitored for a period of at least 10 milliseconds.
(ii) The detected power level during this 10 millisecond or greater
monitoring period must be no higher than 6 dB above the power level
detected when the channel was chosen as the alternate channel.
(iii) In the event that this alternate channel provision is not used
by the MICS system or if the criteria in (i) and (ii) are not met, a
channel must be selected using the access criteria specified in
paragraphs (a)(1) through (a)(4) of this section.
(6) As used in this section, the following definitions apply:
(i) Emission bandwidth--Measured as the width of the signal between
the points on either side of carrier center frequency that are 20 dB
down relative to the maximum level of the modulated carrier. Compliance
will be determined using instrumentation employing a peak detector
function and a resolution bandwidth approximately equal to 1% of the
emission bandwidth of the device under test.
(ii) MICS channel--Any continuous segment of spectrum that is equal
to the emission bandwidth of the device with the largest bandwidth that
is to participate in a MICS communications session. (Note: The rules do
not specify a channeling scheme for use by MICS systems.)
(iii) MICS communications session--A collection of transmissions,
that may or may not be continuous, between MICS system devices.
(b) MICS communications sessions initiated by a medical implant
event are not required to use the access criteria set forth in paragraph
(a) of this section.
(c) Stations may operate on any of the frequencies in the band 402-
405 MHz, provided that the out-of-band emissions are attenuated in
accordance with Sec. 95.635.
(d) The authorized bandwidth of the emission from a MICS station
shall not exceed 300 kHz, and no communications session involving MICS
stations shall use more than a total of 300 kHz of bandwidth during such
a session. Note: This provision does not preclude full duplex or half
duplex communications provided that the total amount of bandwidth
utilized by all of the MICS channels employed in such a MICS
communications session does not exceed 300 kHz.
(e) Each transmitter in the MICS service must maintain a frequency
stability of +/-100 ppm of the operating frequency over the range:
(1) 25 deg.C to 45 deg.C in the case of medical implant
transmitters; and
(2) 0 deg.C to 55 deg.C in the case of medical implant programmer/
control transmitters.
(f) The provisions of this section shall not be used to extend the
range of spectrum occupied over space or time for the purpose denying
fair access to spectrum for other MICS systems.
[64 FR 69930, Dec. 15, 1999]
Sec. 95.629 LPRS transmitter frequencies.
(a) LPRS transmitters may operate on any frequency listed in
paragraphs
[[Page 550]]
(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 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
[[Page 551]]
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
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
[[Page 552]]
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. 95.630 WMTS transmitter frequencies.
WMTS transmitters may operate in the frequency bands specified
below:
608-614 MHz
1395-1400 MHz
1429-1432 MHz
[65 FR 44008, July 17, 2000]
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.
(h) A MICS station may transmit any emission type appropriate for
communications in this service. Voice communications, however, are
prohibited.
(i) A WMTS station may transmit any emission type appropriate for
communications in this service, except for video and voice. Waveforms
such as electrocardiograms (ECGs) are not considered video.
(j) A MURS station may transmit any emission type as specified in
Sec. 90.207 of this chapter.
[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; 64 FR 69930, Dec. 15, 1999; 65 FR 44008, July 17,
2000; 65 FR 53190, Sept. 1, 2000; 65 FR 60877, Oct. 13, 2000]
Sec. 95.632 MURS transmitter frequencies.
(a) The MURS transmitter channel frequencies are 151.820 MHz,
151.880 MHz, 151.940 MHz, 154.570 MHz, 154.600 MHz.
(b) The authorized bandwidth is 11.25 kHz on frequencies 151.820
MHz, 151.880 MHz and 151.940 MHz. The authorized bandwidth is 12.5 kHz
on frequencies 154.570 and 154.600 kHz.
(c) MURS transmitters must maintain a frequency stability of 5.0
ppm, or 2.0 ppm if designed to operate with a 6.25 kHz bandwidth.
[65 FR 60877, Oct. 13, 2000]
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.
[[Page 553]]
(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.
(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).
(e) For transmitters in the MICS:
(1) The maximum authorized emission bandwidth is 300 kHz.
(2) Lesser authorized emission bandwidths may be employed, provided
that the unwanted emissions are attenuated as provided in Sec. 95.635
and that the power radiated in any 300 kHz bandwidth does not exceed 25
microwatts EIRP. See Secs. 95.605 and 95.639(g) regarding power
measurement procedures.
(3) Emission bandwidth will be determined by measuring the width of
the signal between two points, one below the carrier center frequency
and one above the carrier center frequency, that are 20 dB down relative
to the maximum level of the modulated carrier. Compliance with the
emission bandwidth limit is based on the use of measurement
instrumentation employing a peak detector function with an instrument
resolution bandwidth approximately equal to 1.0 percent of the emission
bandwidth of the device under measurement.
(f) The authorized bandwidth for any emission type transmitted by a
MURS transmitter is specified in Sec. 90.209 of this chapter.
[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; 64 FR 69930, Dec. 15, 1999; 65 FR 60878, Oct. 13,
2000]
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 paragraphs listed in the following table:
------------------------------------------------------------------------
Applicable
Transmitter Emission type paragraphs (b)
------------------------------------------------------------------------
GMRS.......................... A1D, A3E, F1D, G1D, (1), (3), (7).
F3E, G3E with
filtering.
A1D, A3E, F1D, G1D, (5), (6), (7).
F3E, G3E without
filtering.
H1D, J1D, R1D, H3E, (2), (4), (7).
J3E, R3E.
FRS........................... F3E with filtering.... (1), (3), (7).
R/C:
27 MHz.................... As specified in Sec. (1), (3), (7).
95.631(b).
72-76 MHz................. As specified in Sec. (1), (3), (7),
95.631(b). (10), (11),
(12).
CB............................ A1D, A3E.............. (1), (3), (8),
(9).
H1D, J1D, R1D, H3E, (2), (4), (8),
J3E, R3E. (9).
A1D, A3E type accepted (1), (3), (7).
before September 10,
1976.
H1D,J1D, R1D, H3E, (2), (4), (7).
J3E, R3E type
accepted before
September 10, 1986.
LPRS.......................... As specified in ................
paragraph (c)..
MICS.......................... As specified in ................
paragraph (d)..
------------------------------------------------------------------------
Note 1--Filtering noted for GMRS and FRS transmitters refers to the
requirement in Sec. 95.637(b).
Note 2--Unwanted R radiation may be stated in mean power or in peak
envelope power, provided it is stated in the same parameter as T.
Note 3--Paragraphs (b)(1), (b)(10), (b)(11), and (b)(12) of this section
apply to transmitters operating in the 72-76 MHz band that are
manufactured or imported into the United States on or after March 1,
1992, or marketed or sold on or after March 1, 1993. Paragraphs
(b)(1), (b)(3), and (b)(7) of this section apply to transmitters
operating in the 72-76 MHz band manufactured or imported into the
United States before March 1, 1992, or marketed before March 1, 1993.
Note 4--If spurious or harmonic emissions result in 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), the FCC may, at its discretion, require appropriate
technical changes in the station equipment to alleviate the
interference, including the use of a low pass filter between the
transmitter antenna terminals and the antenna feed line.
[[Page 554]]
(1) At least 25 dB (decibels) on any frequency removed from the
center of the authorized bandwidth by more than 50% up to and including
100% of the authorized bandwidth.
(2) At least 25 dB on any frequency removed from the center of the
authorized bandwidth by more than 50% up to and including 150% of the
authorized bandwidth.
(3) At least 35 dB on any frequency removed from the center of the
authorized bandwidth by more than 100% up to and including 250% of the
authorized bandwidth.
(4) At least 35 dB on any frequency removed from the center of the
authorized bandwidth by more than 150% up to and including 250% of the
authorized bandwidth.
(5) At least 83 log10 (fd/5) dB on any
frequency removed from the center of the authorized bandwidth by a
displacement frequency (fd in kHz), of more than 5 kHz up to
and including 10 kHz.
(6) At least 116 log10 (fd/6.1) dB, or if
less, 50 + 10 log10 (T) dB, on any frequency removed from the
center of the authorized bandwidth by a displacement frequency
(fd in kHz), of more than 10 kHz up to and including 250% of
the authorized bandwidth.
(7) At least 43 + 10 log10 (T) dB on any frequency
removed from the center of the authorized bandwidth by more than 250%.
(8) At least 53 + 10 log10 (T) dB on any frequency
removed from the center of the authorized bandwidth by more than 250%.
(9) At least 60 dB on any frequency twice or greater than twice the
fundamental frequency.
(10) At least 45 dB on any frequency removed from the center of the
authorized bandwidth by more than 100% up to and including 125% of the
authorized bandwidth.
(11) At least 55 dB on any frequency removed from the center of the
authorized bandwidth by more than 125% up to and including 250% of the
authorized bandwidth.
(12) At least 56 + 10 log10 (T) dB on any frequency
removed from the center of the authorized bandwidth by more than 250%.
(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 (fd in kHz) of more
than 2 kHz up to and including 3.75 kHz: The lesser of 30 +
20(fd-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.
[[Page 555]]
(d) For transmitters designed to operate in the MICS, emissions
shall be attenuated in accordance with the following:
(1) Emissions more than 250 kHz outside of the MICS band (402-405
MHz) shall be attenuated to a level no greater than the following field
strength limits:
------------------------------------------------------------------------
Field
strength Measurement
Frequency (MHz) (V/ distance
m) (m)
------------------------------------------------------------------------
30-88........................................ 100 3
88-216....................................... 150 3
216-960...................................... 200 3
960 and above................................ 500 3
------------------------------------------------------------------------
Note--At band edges, the tighter limit applies.
(2) The emission limits shown in the above table are based on
measurements employing a CISPR quasi-peak detector except that above 1
GHz, the limit is based on measurements employing an average detector.
Measurements above 1 GHz shall be performed using a minimum resolution
bandwidth of 1 MHz. See also Sec. 95.605.
(3) The emissions from a MICS transmitter must be measured to at
least the tenth harmonic of the highest fundamental frequency designed
to be emitted by the transmitter.
(4) Emissions within the MICS band (402-405 MHz) more than 150 kHz
away from the center frequency of the spectrum the transmission is
intended to occupy, will be attenuated below the transmitter output
power by at least 20 dB. Compliance with this limit is based on the use
of measurement instrumentation employing a peak detector function with
an instrument resolution bandwidth approximately equal to 1.0 percent of
the emission bandwidth of the device under measurement.
(5) Emissions 250 kHz or less that are above and below the MICS band
(402-405 MHz) will be attenuated below the maximum permitted output
power by at least 20 dB. Compliance with this limit is based on the use
of measurement instrumentation employing a peak detector function with
an instrument resolution bandwidth approximately equal to 1.0 percent of
the emission bandwidth of the device under measurement.
(e) For transmitters designed to operate in the MURS, transmitters
shall comply with Sec. 90.210 of this chapter.
[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;
63 FR 36610, July 7, 1998; 64 FR 69931, Dec. 15, 1999; 65 FR 60878, Oct.
13, 2000]
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 log10 (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
[[Page 556]]
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.
(f) In the MICS the following limits apply:
(1) The maximum EIRP for MICS transmitter stations is 25 microwatts.
The antenna associated with any MICS transmitter must be supplied with
the transmitter and shall be considered part of the transmitter subject
to equipment authorization. Compliance of any MICS transmitter with the
25 microwatts EIRP limit may be determined by measuring the radiated
field from the equipment under test at 3 meters and calculating the
EIRP. The equivalent radiated field strength at 3 meters for 25
microwatts EIRP is 18.2 mV/meter when measured on an open area test
site, or 9.1 mV/meter when measured on a test site equivalent to free
space such as a fully anechoic test chamber. In either case, compliance
is based on measurements using a peak detector function and measured
over an interval of time when transmission is continuous and at its
maximum power level. In lieu of using a peak detector function,
instrumentation techniques set forth in ANSI C63.17-1998, Section
6.1.2.2.1 or Section 6.1.2.2.2 may be used in determining compliance
with the above specifications.
(2) For a transmitter intended to be implanted in a human body, the
following test fixture must be used to simulate operation of the implant
under actual operating conditions. See Sec. 95.605.
(i) For measurement purposes to determine compliance with emission
limits, the radiating characteristics of an implant transmitter placed
in a test fixture should approximate those of an implant transmitter
placed in a human body. An appropriate human torso simulator for testing
medical implant transmitters consists of a cylindrical Plexiglas
container with a size of 30 cm by 76 cm with a sidewall thickness of
0.635 cm. It must be completely filled with a material that is
sufficiently fluidic that it will flow around the implant without any
voids. The dielectric and conductivity properties of this material must
match the dielectric and conductivity properties of human muscle tissue
at 403.5 MHz. All emissions measurements will be made using the above
specification at a nominal temperature of 20-25 deg.C. Simple saline
solutions do not meet the above criteria. A mounting grid for the
implant inside the container must be provided that permits the radiating
element or elements of the implant to be positioned vertically and
horizontally. The grid should also support any additional implant leads
associated with the therapeutic function in a fixed repeatable manner.
The implant must be mounted 6 cm from the sidewall and centered
vertically within the container. The
[[Page 557]]
above fixture shall be placed on a turntable such that the implant
transmitter will be located at a nominal 1.5-meter height above ground
and at a 3-meter distance from the measurement antenna. Radiated
emissions measurements shall then be performed to insure compliance with
the applicable technical specifications.
(ii) A formula for a suitable tissue substitute material is defined
in the paper ``Simulated Biological Materials for Electromagnetic
Radiation Absorption Studies'' by G. Hartsgrove, A. Kraszewski, and A.
Surowiec as published in ``Bioelectromagnetics 8:29-36 (1987)''.
(3) The power radiated in any 300 kHz bandwidth shall not exceed 25
microwatts EIRP. See Secs. 95.633(e) and 95.639(g).
(g) The maximum field strength authorized for WMTS stations in the
608-614 MHz band is 200 mV/m, measured at 3 meters. For stations in the
1395-1400 MHz and 1429-1432 MHz bands, the maximum field strength is 740
mV/m, measured at 3 meters.
(h) No MURS unit, under any condition of modulation, shall exceed 2
W effective radiated power (ERP).
[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; 64 FR
69932, Dec. 15, 1999; 65 FR 44008, July 17, 2000; 65 FR 53190, Sept. 1,
2000; 65 FR 60878, Oct. 13, 2000]
Certification 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 certificated
with the modules. Each module must contain all of the frequency
determining circuitry including the oscillator. Plug-in crystals are not
considered modules and must not be accessible to the user.
[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996,
and further redesignated at 61 FR 46567, Sept. 4, 1996; 63 FR 36610,
July 7, 1998]
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, FRS, MICS, MURS or WMTS unit shall incorporate
provisions for increasing its transmitter power to any level in excess
of the limits specified in Sec. 95.639.
[65 FR 60878, Oct. 13, 2000]
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, a LPRS unit, a MURS unit, a MICS
transmitter, or a WMTS unit.
[65 FR 60878, Oct. 13, 2000]
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 certification.
(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
[[Page 558]]
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; 63 FR 36610,
July 7, 1998]
Sec. 95.655 Frequency capability.
(a) No transmitter will be certificated 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 certificated for use in the GMRS if it is
equipped with a frequency capability not listed in Sec. 95.621, unless
such transmitter is also certificated for use in another radio service
for which the frequency is authorized and for which certification is
also required. (Transmitters with frequency capability for the Amateur
Radio Services, Military Affiliate Radio System and Civil Air Patrol
will not be certificated.)
(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; 63 FR 36611,
July 7, 1998]
Additional Certification 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 certification.)
(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.
[[Page 559]]
(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; 63 FR 36611,
July 7, 1998]
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 of Part 95--Glossary of Terms
The definitions used in this 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.
EIRP. Effective Isotropic Radiated Power. Antenna input power times gain
for free-space or in-tissue measurement configurations
required by MICS, expressed in watts, where the gain is
referenced to an isotropic radiator.
FCC. Federal Communications Commission.
Filtering. Refers to the requirement in Sec. 95.633(b).
FRS. Family Radio Service.
GMRS. General Mobile Radio Service.
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.
Medical Implant Communications Service (MICS) transmitter. A transmitter
authorized to operated in the MICS.
Medical implant device. Apparatus that is placed inside the human body
for the purpose of performing diagnostic or therapeutic
functions.
Medical implant event. An occurrence or the lack of an occurrence
recognized by a medical implant device, or a duly authorized
health care professional, that requires the transmission of
data from a medical implant transmitter in order to protect
the safety or well-being of the person in whom the medical
implant transmitter has been implanted.
Medical implant programmer/control transmitter. A MICS transmitter that
operates or is designed to operate outside of a human body for
the purpose of communicating with a receiver connected to a
medical implant device.
Medical implant transmitter. A MICS transmitter that operates or is
designed to operate within a human body for the purpose of
facilitating communications from a medical implant device.
MICS. Medical Implant Communications Service.
MURS. Multi-Use Radio Service.
Peak envelope power. TP averaged during one 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.
TP. RF transmitter power expressed in W, either mean or peak envelope,
as measured at the transmitter output antenna terminals.
Transmitter. Apparatus that converts electrical energy received from a
source into RF energy capable of being radiated.
W. Watts.
[65 FR 60878, Oct. 13, 2000]
[[Page 560]]
Subpart F--218-219 MHz Service
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 a 218-219 MHz system. This subpart supplements part 1,
subpart F of this chapter, which establishes the requirements and
conditions under which commercial and private radio stations may be
licensed and used in the Wireless Telecommunications Services. The
provisions of this subpart contain additional pertinent information for
current and prospective licensees specific to the services governed by
this part 95.
[64 FR 59659, Nov. 3, 1999]
Sec. 95.803 218-219MHz Service description.
(a) The 218-219 MHz Service is authorized for system licensees to
provide communication service to subscribers in a specific service area.
(b) The components of each 218-219 MHz Service 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. CTSs provide service from a fixed
point, and certain CTSs must be individually licensed as part of a 218-
219 MHz Service system. See Sec. 95.811.
(c) Each 218-219 MHz Service system service area is one of the
cellular system service areas as defined by the Commission, unless
modified pursuant to Sec. 95.823.
[66 FR 9218, Apr. 9, 2001]
Sec. 95.805 Permissible communications.
A 218-219 MHz Service system may provide any fixed or mobile
communications service to subscribers within its service area on its
assigned spectrum, consistent with the Commission's rules and the
regulatory status of the system to provide services on a common carrier
or private basis.
[64 FR 59660, Nov. 3, 1999]
Sec. 95.807 Requesting regulatory status.
(a) Authorizations for systems in the 218-219 MHz Service will be
granted to provide services on a common carrier basis or a private (non-
common carrier and/or private internal-use) basis.
(1) Initial applications. An applicant will specify on FCC Form 601
if it is requesting authorizations to provide services on a common
carrier, non-common carrier or private internal-use basis, of a
combination thereof.
(2) Amendment of pending applications. Any pending application may
be amended to:
(i) Change the carrier status requested; or
(ii) Add to the pending request in order to obtain both common
carrier and private status in a single license.
(3) Modification of license. A licensee may modify a license to:
(i) change the carrier status authorized; or
(ii) add to the status authorized in order to obtain both common
carrier and private status in a single license. Applications to change,
or add to, carrier status in a license must be submitted on FCC Form 601
in accordance with Sec. 1.1102 of this chapter.
(4) Pre-existing licenses. Licenses granted before April 9, 2001.
are authorized to provide services on a private (non-common carrier)
basis. Licensees may modify this initial status pursuant to paragraph
(a)(3) of this section.
(b) An applicant or licensee may submit a petition at any time
requesting clarification of the regulatory status required to provide a
specific communications service.
[64 FR 59660, Nov. 3, 1999, as amended at 66 FR 9219, Feb. 7, 2001]
System License Requirements
Sec. 95.811 License requirements.
(a) Each 218-219 MHz Service system must be licensed in accordance
with part 1, subpart F of this chapter.
(b) Each CTS where the antenna does not exceed 6.1 meters (20 feet)
above ground or an existing structure (other than an antenna structure)
and is outside the vicinity of certain receiving locations (see
Sec. 1.924 of this chapter) is
[[Page 561]]
authorized under the 218-219 MHz System license. All other CTS must be
individually licensed.
(c) All CTSs not meeting the licensing criteria under paragraph (b)
of this section are authorized under the 218-219 MHz Service system
license.
(d) Each component RTU in a 218-219 MHz Service system is authorized
under the system license or if associated with an individually licensed
CTS, under that CTS license.
(e) Each CTS (regardless of whether it is individually licensed) and
each RTU must be in compliance with the Commission's environmental rules
(see part 1, subpart I of this chapter) and the Commission's rules
pertaining to the construction, marking and lighting of antenna
structures (see part 17 of this chapter).
[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36373, Aug. 13, 1992; 63
FR 68977, Dec. 14, 1998; 64 FR 59660, Nov. 3, 1999; 66 FR 9219, Feb. 7,
2001]
Sec. 95.812 License term.
(a) The term of each 218-219 MHz service system license is ten years
from the date of original grant or renewal.
(b) Licenses for individually licensed CTSs will be issued for a
period running concurrently with the license of the associated 218-219
MHz Service system with which it is licensed.
[64 FR 59660, Nov. 3, 1999, as amended at 66 FR 9219, Feb. 7, 2001]
Sec. 95.813 Eligibility.
(a) An entity is eligible to hold a 218-219 MHz Service 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) An entity that loses its 218-219 MHz Service authorization due
to failure to meet the construction requirements specified in
Sec. 95.833 of this part may not apply for a 218-219 MHz Service system
license for three years from the date the Commission takes final action
affirming that the 218-219 MHz Service license has been canceled.
[57 FR 8275, Mar. 9, 1992, as amended at 58 FR 25952, Apr. 29, 1993; 64
FR 59660, Nov. 3, 1999]
Sec. 95.815 License application.
(a) In addition to the requirements of part 1, subpart F of this
chapter, each application for a 218-219 MHz Service system license must
include a plan analyzing the co- and adjacent channel interference
potential of the proposed system, identifying methods being used to
minimize this interference, and showing how the proposed system will
meet the service requirements set forth in Sec. 95.831 of this part.
This plan must be updated to reflect changes to the 218-219 MHz Service
system design or construction.
(b) In addition to the requirements of part 1, subpart F of this
chapter, each request by a 218-219 MHz Service system licensee to add,
delete, or modify technical information of an individually licensed CTS
(see Sec. 95.811(b) of this part) must include a description of the
system after the proposed addition, deletion, or modifications,
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 of this part.
[63 FR 68977, Dec. 14, 1998, as amended at 64 FR 59660, Nov. 3, 1999]
Sec. 95.816 Competitive bidding proceedings.
(a) Mutually exclusive initial applications for 218-219 MHz Service
system licenses are subject to competitive bidding procedures. The
procedures set forth in part 1, Subpart Q of this chapter will apply
unless otherwise provided in this part.
(b) Installment payments. Eligible Licensees that elect resumption
pursuant to Amendment of part 95 of the Commission's Rules to Provide
Regulatory Flexibility in the 218-219 MHz Service, Report and Order and
Memorandum Opinion and Order, FCC 99-239 (released September 10, 1999)
may continue to participate in the installment payment
[[Page 562]]
program. Eligible Licensees are those that were current in installment
payments (i.e. less than ninety days delinquent) as of March 16, 1998,
or those that had properly filed grace period requests under the former
installment payment rules. All unpaid interest from grant date through
election date will be capitalized into the principal as of Election Day
creating a new principal amount. Installment payments must be made on a
quarterly basis. Installment payments will be calculated based on new
principal amount as of Election Day and will fully amortize over the
remaining term of the license. The interest rate will equal the rate for
five-year U.S. Treasury obligations at the grant date.
(c) Eligibility for small business provisions. (1) A small business
is an entity that, together with its affiliates and controlling
interests, has average gross revenues not to exceed $15 million for the
preceding three years.
(2) A very small business is an entity that, together with its
affiliates and controlling interests, has average gross revenues not to
exceed $3 million for the preceding three years.
(3) For purposes of determining whether an entity meets either of
the definitions set forth in paragraph (c)(1) or (c)(2) of this section,
the gross revenues of the entity, its affiliates, and controlling
interests shall be considered on a cumulative basis and aggregated.
(4) Where an applicant (or licensee) cannot identify controlling
interests under the standards set forth in this section, the gross
revenues of all interest holders in the applicant, and their affiliates,
will be attributable.
(5) A consortium of small businesses (or a consortium of very small
businesses) is a conglomerate organization formed as a joint venture
between or among mutually independent business firms, each of which
individually satisfies the definition in paragraph (c)(1) of this
section (or each of which individually satisfies the definition in
paragraph (c)(2) of this section). Where an applicant or licensee is a
consortium of small businesses (or very small businesses), the gross
revenues of each small business (or very small business) shall not be
aggregated.
(d) Controlling interest. (1) For purposes of this section,
controlling interests includes individuals or entities with de jure and
de facto control of the applicant. De jure control is greater than 50
percent of the voting stock of a corporation, or in the case of a
partnership, the general partner. De facto control is determined on a
case-by-case basis. An entity must disclose its equity interest and
demonstrate at least the following indicia of control to establish that
it retains de facto control of the applicant:
(i) The entity constitutes or appoints more than 50 percent of the
board of directors or management committee;
(ii) The entity has authority to appoint, promote, demote, and fire
senior executives that control the day-to-day activities of the
licensee; and
(iii) the entity plays an integral role in management decisions.
(2) Calculation of certain interests. (i) Ownership interests shall
be calculated on a fully diluted basis; all agreements such as warrants,
stock options and convertible debentures will generally be treated as if
the rights thereunder already have been fully exercised.
(ii) Partnership and other ownership interests and any stock
interest equity, or outstanding stock, or outstanding voting stock shall
be attributed as specified below.
(iii) Stock interests held in trust shall be attributed to any
person who holds or shares the power to vote such stock, to any person
who has the sole power to sell such stock, and, to any person who has
the right to revoke the trust at will or to replace the trustee at will.
If the trustee has a familial, personal, or extra-trust business
relationship to the grantor or the beneficiary, the grantor or
beneficiary, as appropriate, will be attributed with the stock interests
held in trust.
(iv) Non-voting stock shall be attributed as an interest in the
issuing entity.
(v) Limited partnership interests shall be attributed to limited
partners and shall be calculated according to both the percentage of
equity paid in and the percentage of distribution of profits and losses.
[[Page 563]]
(vi) Officers and directors of an entity shall be considered to have
an attributable interest in the entity. The officers and directors of an
entity that controls a licensee or applicant shall be considered to have
an attributable interest in the licensee or applicant.
(vii) 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.
(viii) Any person who manages the operations of an applicant or
licensee pursuant to a management agreement shall be considered to have
an attributable interest in such applicant or licensee if such person,
or its affiliate pursuant to Sec. 1.2110(b)(4) of this chapter, has
authority to make decisions or otherwise engage in practices or
activities that determine, or significantly influence:
(A) The nature or types of services offered by such an applicant or
licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(ix) Any licensee or its affiliate who enters into a joint marketing
arrangement with an applicant or licensee, or its affiliate, shall be
considered to have an attributable interest, if such applicant or
licensee, or its affiliate, has authority to make decisions or otherwise
engage in practices or activities that determine, or significantly
influence:
(A) The nature or types of services offered by such an applicant or
licensee;
(B) The terms upon which such services are offered; or
(C) The prices charged for such services.
(e) Bidding credits. A winning bidder that qualifies as a small
business or a consortium of small businesses as defined in this
subsection may use the bidding credit specified in Sec. 1.2110(e)(2)(ii)
of this chapter. A winning bidder that qualifies as a very small
business or a consortium of very small businesses as defined in this
subsection may use the bidding credit specified in accordance to
Sec. 1.2110(e)(2)(i) of this chapter.
(f) Winning bidders in Auction No. 1, which took place on July 28-
29, 1994, that, at the time of that auction, met the qualifications
under the Commission's rules then in effect, for small business status
will receive a twenty-five percent bidding credit pursuant to Amendment
of part 95 of the Commission's Rules to Provide Regulatory Flexibility
in the 218-219 MHz Service, Report and Order and Memorandum Opinion and
Order, FCC 99-239 (released September 10, 1999).
[64 FR 59660, Nov. 3, 1999, as amended at 66 FR 9219, Feb. 7, 2001]
Sec. 95.819 License transferability.
(a) A 218-219 MHz Service system license, together with all of its
component CTS licenses, may be transferred, assigned, sold, or given
away only in accordance with the provisions and procedures set forth in
Sec. 1.948 of this chapter. For licenses acquired through competitive
bidding procedures (including licenses obtained in cases of no mutual
exclusivity), designated entities must comply with Secs. 1.2110 and
1.2111 of this chapter (see Sec. 1.948(a)(3) of this chapter).
(b) If the transfer, assignment, sale, or gift of a license is
approved, the new licensee is held to the construction requirements set
forth in Sec. 95.833.
[66 FR 9219, Feb. 7, 2001]
Sec. 95.823 Geographic partitioning and spectrum disaggregation.
(a) Eligibility. Parties seeking Commission approval of geographic
partitioning or spectrum disaggregation of 218-219 MHz Service system
licenses shall request an authorization for partial assignment of
license pursuant to Sec. 1.948 of this chapter.
(b) Technical standards--(1) Partitioning. In the case of
partitioning, requests for authorization of partial assignment of a
license must include, as
[[Page 564]]
attachments, a description of the partitioned service area and a
calculation of the population of the partitioned service area and the
licensed geographic service area. The partitioned service area shall be
defined by coordinate points at every 3 seconds along the partitioned
service area unless an FCC-recognized service area (i.e. Economic Areas)
is utilized or county lines are followed. The geographic coordinates
must be specified in degrees, minutes, and seconds, to the nearest
second of latitude and longitude, and must be based upon the 1983 North
American Datum (NAD83). In the case where an FCC-recognized service area
or county lines are utilized, applicants need only list the specific
area(s) (through use of FCC designations or county names) that
constitute the partitioned area.
(2) Disaggregation. Spectrum maybe disaggregated in any amount.
(3) Combined partitioning and disaggregation. The Commission will
consider requests for partial assignments of licenses that propose
combinations of partitioning and disaggregation.
(c) Provisions applicable to designated entities--(1) Unjust
enrichment. See Sec. 1.2111(e) of this chapter.
(2) Parties not qualified for installment payment plans. (i) When a
winning bidder (partitionor or disaggregator) that elected to pay for
its license through an installment payment plan partitions its license
or disaggregates spectrum to another party (partitionee or
disaggregatee) that would not qualify for an installment payment plan,
or elects not to pay for its share of the license through installment
payments, the outstanding principal balance owed by the partitionor or
disaggregator shall be apportioned according to Sec. 1.2111(e)(3) of
this chapter. The partitionor or disaggregator is responsible for
accrued and unpaid interest through and including the consummation date.
(ii) The partitionee or disaggregatee shall, as a condition of the
approval of the partial assignment application, pay its entire pro rata
amount of the outstanding principal balance on or before the
consummation date. Failure to meet this condition will result in
cancellation of the grant of the partial assignment application.
(iii) The partitionor or disaggregator shall be permitted to
continue to pay its pro rata share of the outstanding balance and, if
applicable, shall receive loan documents evidencing the partitioning and
disaggregation. The original interest rate, established pursuant to
Sec. 1.2110(f)(3)(i) of this chapter at the time of the grant of the
initial license in the market, shall continue to be applied to the
partitionor's or disaggregator's portion of the remaining government
obligation.
(iv) A default on the partitionor's or disaggregator's payment
obligation will affect only the partitionor's or disaggregator's portion
of the market.
(3) Parties qualified for installment payment plans.
(i) Where both parties to a partitioning or disaggregation agreement
qualify for installment payments, the partitionee or disaggregatee will
be permitted to make installment payments on its portion of the
remaining government obligation.
(ii) Each party may be required, as a condition to approval of the
partial assignment application, to execute loan documents agreeing to
pay its pro rata portion of the outstanding principal balance due, as
apportioned according to Sec. 1.2111(e)(3) of this chapter, based upon
the installment payment terms for which it qualifies under the rules.
Failure by either party to meet this condition will result in the
automatic cancellation of the grant of the partial assignment
application. The interest rate, established pursuant to
Sec. 1.2110(f)(3)(i) of this chapter at the time of the grant of the
initial license in the market, shall continue to be applied to both
parties' portion of the balance due. Each party will receive a license
for its portion of the partitioned market.
(iii) A default on an obligation will affect only that portion of
the market area held by the defaulting party.
(d) Construction requirements--(1) Partitioning. Partial assignors
and assignees for license partitioning have two options to meet
construction requirements. Under the first option, the partitionor and
partitionee would each certify that they will independently
[[Page 565]]
satisfy the applicable construction requirements set forth in
Sec. 95.833 of this part for their respective partitioned areas. If
either licensee failed to meet its requirement in Sec. 95.833 of this
part, only the non-performing licensee's renewal application would be
subject to dismissal. Under the second option, the partitionor certifies
that it has met or will meet the requirement in Sec. 95.833 of this part
for the entire market. If the partitionor fails to meet the requirement
in Sec. 95.833 of this part, however, only its renewal application would
be subject to forfeiture at renewal.
(2) Disaggregation. Partial assignors and assignees for license
disaggregation have two options to meet construction requirements. Under
the first option, the disaggregator and disaggregatee would certify that
they each will share responsibility for meeting the applicable
construction requirements set forth in Sec. 95.833 of this part for the
geographic service area. If parties choose this option and either party
fails to do so, both licenses would be subject to forfeiture at renewal.
The second option would allow the parties to agree that either the
disaggregator or the disaggregatee would be responsible for meeting the
requirement in Sec. 95.833 of this part for the geographic service area.
If parties choose this option, and the party responsible for meeting the
construction requirement fails to do so, only the license of the non-
performing party would be subject to forfeiture at renewal.
(3) All applications requesting partial assignments of license for
partitioning or disaggregation must include the above-referenced
certification as to which of the construction options is selected.
(4) Responsible parties must submit supporting documents showing
compliance with the respective construction requirements within the
appropriate construction benchmarks set forth in Sec. 95.833 of this
part.
[64 FR 59662, Nov. 3, 1999]
System Requirements
Sec. 95.831 Service requirements.
Subject to the initial construction requirements of Sec. 95.833 of
this subpart, each 218-219 MHz Service system license must demonstrate
that it provides substantial service within the service area.
Substantial service is defined as a service that is sound, favorable,
and substantially above a level of service which might minimally warrant
renewal.
[64 FR 59662, Nov. 3, 1999]
Sec. 95.833 Construction requirements.
(a) Each 218-219 MHz Service licensee must make a showing of
``substantial service'' within ten years of the license grant. A
``substantial service'' assessment will be made at renewal pursuant to
the provisions and procedures contained in Sec. 1.949 of this chapter.
(b) Each 218-219 MHz Service licensee must file a report to be
submitted to inform the Commission of the service status of its system.
The report must be labeled as an exhibit to the renewal application. At
minimum, the report must include:
(1) A description of its current service in terms of geographic
coverage and population served;
(2) An explanation of its record of expansion, including a timetable
of new construction to meet changes in demand for service;
(3) A description of its investments in its 218-219 MHz Service
systems;
(4) A list, including addresses, of all component CTSs constructed;
and
(5) Copies of all FCC orders finding the licensee to have violated
the Communications Act or any FCC rule or policy; and a list of any
pending proceedings that relate to any matter described in this
paragraph.
(c) Failure to demonstrate that substantial service is being
provided in the service area will result in forfeiture of the license,
and will result in the licensee's ineligibility to apply for 218-219 MHz
Service licenses for three years from the date the Commission takes
final action affirming that the 218-219 MHz Service license has been
canceled pursuant to Sec. 95.813 of this part.
[64 FR 59662, Nov. 3, 1999]
Sec. 95.835 Station identification.
No RTU or CTS is required to transmit a station identification
announcement.
[[Page 566]]
Sec. 95.837 Station inspection.
Upon request by an authorized Commission representative, the 218-219
MHz Service system licensee must make any component CTS available for
inspection.
Technical Standards
Sec. 95.851 Certification.
Each CTS and RTU transmitter must be certificated for use in the
218-219 MHz Service in accordance with subpart J of part 2 of this
chapter.
[63 FR 36611, July 7, 1998]
Sec. 95.853 Frequency segments.
There are two frequency segments available for assignment to the
218-219 MHz Service in each service area. Frequency segment A is
218.000-218.500 MHz. Frequency segment B is 218.501-219.000 MHz.
[64 FR 59663, Nov. 3, 1999]
Sec. 95.855 Transmitter effective radiated power limitation.
The effective radiated power (ERP) of each CTS and RTU shall be
limited to the minimum necessary for successful communications. No CTS
or fixed RTU may transmit with an ERP exceeding 20 watts. No mobile RTU
may transmit with an ERP exceeding 4 watts.
[64 FR 59663, Nov. 3, 1999]
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 certification, 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.
[57 FR 8275, Mar. 9, 1992, as amended at 63 FR 36611, July 7, 1998]
Sec. 95.859 Antennas.
(a) The overall height from ground to topmost tip of the CTS antenna
shall not exceed the height necessary to assure adequate service.
Certain CTS antennas must be individually licensed to the 218-219 MHz
System licensee (see Sec. 95.811(b) of this part) and the antenna
structures of which they are a part must be registered with the
Commission (see part 17 of this chapter).
(b) [Reserved]
(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, as amended at 64 FR 59663, Nov. 3, 1999]
[[Page 567]]
Sec. 95.861 Interference.
(a) When a 218-219 MHz Service system suffers harmful interference
within its service area or causes harmful interference to another 218-
219 MHz Service 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, duty cycle, or hours of operation for the stations
concerned.
(b) The use of any frequency segment (or portion thereof) 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 (or portion thereof) specified for the 218-
219 MHz Service system may be restricted as to specified geographical
areas, maximum power, or other operating conditions.
(c) A 218-219 MHz Service licensee must provide a copy of the plan
required by Sec. 95.815 (a) of this part to every TV Channel 13 station
whose Grade B predicted contour overlaps the licensed service area for
the 218-219 MHz Service system. The 218-219 MHz Service licensee must
send the plan to the TV Channel 13 licensee(s) within 10 days from the
date the 218-219 MHz Service submits the plan to the Commission, and the
218-219 MHz Service licensee must send updates to this plan to the TV
Channel 13 licensee(s) within 10 days from the date that such updates
are filed with the Commission pursuant to Sec. 95.815.
(d) Each 218-219 MHz Service 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 218-219 MHz Service system licensee must investigate and
eliminate harmful interference to television broadcasting and reception,
from its component CTSs and RTSs, 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(s) or RTU(s) causing the problem(s) must discontinue
operation.
(f) The boundary of the 218-219 MHz Service system, as defined in
its authorization, is the limit of interference protection for that 218-
219 MHz Service system.
[64 FR 59663, Nov. 3, 1999, as amended at 66 FR 9219, Feb. 7, 2001]
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 of the captain, while the vessel or aircraft is either
travelling domestically or in international waters or airspace.
(c) Anyone intending to operate an LPRS transmitter on the islands
of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that
could pose an interference threat to the Arecibo Observatory shall
notify the Interference Office, Arecibo Observatory, Post Office Box
995, Arecibo, Puerto Rico 00613, in writing or electronically, of the
location of the unit. Operators may wish to consult interference
guidelines, which will be provided by Cornell University. Operators who
choose to transmit information electronically should e-mail to:
prcz@naic.edu.
[[Page 568]]
(1) The notification to the Interference Office, Arecibo Observatory
shall be made 45 days prior to commencing operation of the transmitter.
The notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has satisfied
its responsibility to make reasonable efforts to protect the Observatory
from interference, the unit may be allowed to operate.
[61 FR 46569, Sept. 4, 1996, as amended at 62 FR 55536, Oct. 27, 1997]
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 other than
an AMTS station is 100 mW. The maximum allowable ERP for an AMTS station
in the LPRS is 1 W, so long as emissions are attenuated, in accordance
with Sec. 80.211 of this chapter, at the band edges.
(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
[[Page 569]]
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.
[61 FR 46569, Sept. 4, 1996, as amended at 65 FR 77827, Dec. 13, 2000]
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 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. 95.1009.
[64 FR 69933, Dec. 15, 1999]
Subpart H--Wireless Medical Telemetry Service (WMTS)
Source: 65 FR 44008, July 17, 2000, unless otherwise noted.
General Provisions
Sec. 95.1101 Scope.
This part sets out the regulations governing the operation of
Wireless Medical Telemetry Devices in the 608-614 MHz, 1395-1400 MHz and
1429-1432 MHz frequency bands.
Sec. 95.1103 Definitions.
(a) Authorized health care provider. A physician or other individual
authorized under state or federal law to provide health care services,
or any other health care facility operated by or employing individuals
authorized under state or federal law to provide health care services,
or any trained technician operating under the supervision and control of
an individual or health care facility authorized under state or federal
law to provide health care services.
(b) Health care facility. A health care facility includes hospitals
and other establishments that offer services, facilities and beds for
use beyond a 24 hour period in rendering medical treatment, and
institutions and organizations regularly engaged in providing medical
services through clinics, public health facilities, and similar
establishments,
[[Page 570]]
including government entities and agencies such as Veterans
Administration hospitals; except the term health care facility does not
include an ambulance or other moving vehicle.
(c) Wireless medical telemetry. The measurement and recording of
physiological parameters and other patient-related information via
radiated bi-or unidirectional electromagnetic signals in the 608-614
MHz, 1395-1400 MHz, and 1429-1432 MHz frequency bands.
Sec. 95.1105 Eligibility.
Authorized health care providers are authorized by rule to operate
transmitters in the Wireless Medical Telemetry Service without an
individual license issued by the Commission provided the coordination
requirements in Sec. 95.1111 have been met. Manufacturers of wireless
medical telemetry devices and their representatives are authorized to
operated wireless medical telemetry transmitters in this service solely
for the purpose of demonstrating such equipment to, or installing and
maintaining such equipment for, duly authorized health care providers.
No entity that is a foreign government or which is active in the
capacity as a representative of a foreign government is eligible to
operate a WMTS transmitter.
Sec. 95.1107 Authorized locations.
The operation of a wireless medical telemetry transmitter under this
part is authorized anywhere within a health care facility provided the
facility is located anywhere a CB station operation is permitted under
Sec. 95.405. This authority does not extend to mobile vehicles, such as
ambulances, even if those vehicles are associated with a health care
facility.
Sec. 95.1109 Equipment authorization requirement.
(a) Wireless medical telemetry devices operating under this part
must be authorized under the certification procedure prior to marketing
or use in accordance with the provisions of part 2, subpart J of this
chapter.
(b) Each device shall be labeled with the following statement:
Operation of this equipment requires the prior coordination with a
frequency coordinator designated by the FCC for the Wireless Medical
Telemetry Service.
Sec. 95.1111 Frequency coordination.
(a) Prior to operation, authorized health care providers who desire
to use wireless medical telemetry devices must register all devices with
a designated frequency coordinator. The registration must include the
following information:
(1) Specific frequencies or frequency range(s) used;
(2) Modulation scheme used (including occupied bandwidth);
(3) Effective radiated power;
(4) Number of transmitters in use at the health care facility as of
the date of registration including manufacturer name(s) and model
numbers);
(5) Legal name of the authorized health care provider;
(6) Location of transmitter (coordinates, street address, building);
(7) Point of contact for the authorized health care provider (name,
title, office, phone number, fax number, e-mail address).
(b) An authorized health care provider shall notify the frequency
coordinator whenever a medical telemetry device is permanently taken out
of service, unless the device is replaced with another transmitter
utilizing the same technical characteristics as those reported on the
effective registration. An authorized health care provider shall
maintain the information contained in each registration current in all
material respects, and shall notify the frequency coordinator when any
change is made in the location or operating parameters previously
reported which is material.
Sec. 95.1113 Frequency coordinator.
(a) The Commission will designate a frequency coordinator(s) to
manage the usage of the frequency bands for the operation of medical
telemetry devices.
(b) The frequency coordinator shall
(1) Review and process coordination requests submitted by authorized
health care providers as required in Sec. 95.1111;
(2) Maintain a database of WMTS use;
(3) Notify users of potential conflicts; and
[[Page 571]]
(4) Coordinate WMTS operation with radio astronomy observatories and
Federal Government radar systems as specified in Secs. 95.1119 and
95.1121.
Sec. 95.1115 General technical requirements.
(a) Field strength limits. (1) In the 608-614 MHz band, the maximum
allowable field strength is 200 mV/m, as measured at a distance of 3
meters, using measuring instrumentation with a CISPR quasi-peak
detector.
(2) In the 1395-1400 MHz and 1429-1432 MHz bands, the maximum
allowable field strength is 740 mV/m, as measured at a distance of 3
meters, using measuring equipment with an averaging detector and a 1 MHz
measurement bandwidth.
(b) Undesired emissions. (1) Out-of-band emissions below 960 MHz are
limited to 200 /m, as measured at a distance of 3 meters, using
measuring instrumentation with a CISPR quasi-peak detector.
(2) Out-of-band emissions above 960 MHz are limited to 500
m as measured at a distance of 3 meters using measuring
equipment with an averaging detector and a 1 MHz measurement bandwidth.
(c) Emission types. A wireless medical telemetry device may transmit
any emission type appropriate for communications in this service, except
for video and voice. Waveforms such as electrocardiograms (ECGs) are not
considered video.
(d) Channel use. (1) In the 1395-1400 MHz and 1429-1432 MHz bands,
no specific channels are specified. Wireless medical telemetry devices
may operate on any channel within the bands authorized for wireless
medical telemetry use in this part.
(2) In the 608-614 MHz band, wireless medical telemetry devices
utilizing broadband technologies such as spread spectrum shall be
capable of operating within one or more of the following channels of 1.5
MHz each, up to a maximum of 6 MHz, and shall operate on the minimum
number of channels necessary to avoid harmful interference to any other
wireless medical telemetry devices.
608.0-609.5 MHz
609.5-611.0 MHz
611.0-612.5 MHz
612.5-614.0 MHz
(3) Channel usage is on a co-primary shared basis only, and channels
will not be assigned for the exclusive use of any entity.
(4) Authorized health care providers, in conjunction with the
equipment manufacturers, must cooperate in the selection and use of
frequencies in order to reduce the potential for interference with other
wireless medical telemetry devices, or other co-primary users.
Operations in the 608-614 MHz band (television channel 37) are not
protected from adjacent band interference from broadcast television
operating on channels 36 and 38.
(e) Frequency stability. Manufacturers of wireless medical telemetry
devices are responsible for ensuring frequency stability such that an
emission is maintained within the band of operation under all of the
manufacturer's specified conditions.
Sec. 95.1117 Types of communications.
(a) All types of communications except voice and video are
permitted, on both a unidirectional and bidirectional basis, provided
that all such communications are related to the provision of medical
care. Waveforms such as electrocardiograms (ECGs) are not considered
video.
(b) Operations that comply with the requirements of this part may be
conducted under manual or automatic control, and on a continuous basis.
Sec. 95.1119 Specific requirements for wireless medical telemetry
devices operating in the 608-614 MHz band.
For a wireless medical telemetry device operating within the
frequency range 608-614 MHz and that will be located near the radio
astronomy observatories listed below, operation is not permitted until a
WMTS frequency coordinator specified in Sec. 95.1113 has coordinated
with, and obtain the written concurrence of, the director of the
affected radio astronomy observatory before the equipment can be
installed or operated
(a) Within 80 kilometers of:
(1) National Astronomy and Ionosphere Center, Arecibo, Puerto
[[Page 572]]
Rico: 18 deg.20'38.28" North Latitude, 66 deg. 45'09.42" West Longitude.
(2) National Radio Astronomy Observatory, Socorro, New Mexico:
34 deg. 04'43" North Latitude, 107 deg.37'04" West Longitude.
(3) National Radio Astronomy Observatory, Green Bank, West Virginia:
38 deg.26'08" North Latitude, 79 deg.49'42" West Longitude.
(b) Within 32 kilometers of the National Radio Astronomy Observatory
centered on:
------------------------------------------------------------------------
Very long baseline array stations Latitude (north) Longitude (west)
------------------------------------------------------------------------
Pie Town, NM...................... 34 deg. 18' 108 deg. 07'
Kitt Peak, AZ..................... 31 deg. 57' 111 deg. 37'
Los Alamos, NM.................... 35 deg. 47' 106 deg. 15'
Fort Davis, TX.................... 30 deg. 38' 103 deg. 57'
North Liberty, IA................. 41 deg. 46' 91 deg. 34'
Brewster, WA...................... 48 deg. 08' 119 deg. 41'
Owens Valley, CA.................. 37 deg. 14' 118 deg. 17'
Saint Croix, VI................... 17 deg. 46' 64 deg. 35'
Mauna Kea, HI..................... 19 deg. 49' 155 deg. 28'
Hancock, NH....................... 42 deg. 56' 71 deg. 59'
------------------------------------------------------------------------
The National Science Foundation point of contact for coordination
is: Spectrum Manager, Division of Astronomical Sciences, NSF Room 1045,
4201 Wilson Blvd., Arlington, VA 22230, telephone: 703-306-1823.
Sec. 95.1121 Specific requirements for wireless medical telemetry
devices operating in the 1395-1400 MHz and 1429-1432 MHz
bands.
Due to the critical nature of communications transmitted under this
part, the frequency coordinator in consultation with the National
Telecommunications and Information Administration shall determine
whether there are any federal government radar systems whose operations
could affect, or could be affected by, proposed wireless medical
telemetry operations in the 1395-1400 MHz and 1429-1432 MHz bands. The
locations of government radar systems in these bands are specified in
footnotes US351 and US352 of Sec. 2.106 of this chapter.
Sec. 95.1123 Protection of medical equipment.
The manufacturers, installers and users of WMTS equipment are
cautioned that the operation of this equipment could result in harmful
interference to other nearby medical devices.
Sec. 95.1125 RF safety.
Portable devices as defined in Sec. 2.1093(b) of this chapter
operating in the WMTS are subject to radio frequency radiation exposure
requirements as specified in Secs. 1.1307(b) and 2.1093 of this chapter.
Applications for equipment authorization of WMTS devices must contain a
statement confirming compliance with these requirements. Technical
information showing the basis for this statement must be submitted to
the Commission upon request.
Sec. 95.1127 Station identification.
A WMTS station is not required to transmit a station identification
announcement.
Sec. 95.1129 Station inspection.
All WMTS transmitters must be available for inspection upon request
by an authorized FCC representative.
Subpart I--Medical Implant Communications (MICS)
Source: 64 FR 69933, Dec. 15, 1999, unless otherwise noted.
Sec. 95.1201 Eligibility.
Operation in the MICS is permitted by rule and without an individual
license issued by the FCC. A person is permitted to operate medical
implant transmitters connected to medical implant devices that have been
implanted in that person by a duly authorized health care professional
and medical implant programmer/control transmitters associated with
their medical implant transmitter(s). Duly authorized health care
professionals are permitted by rule to operate MICS transmitters.
Manufacturers of medical implant devices and MICS transmitters and their
representatives are authorized to operate transmitters in this service
for the purpose of demonstrating such equipment to duly authorized
health care professionals. No entity that is a foreign government or
which is acting in its capacity as a representative of a foreign
government is eligible to operate a MICS transmitter. The term
[[Page 573]]
``duly authorized health care professional'' means a physician or other
individual authorized under state or federal law to provide health care
services using medical implant devices. Operations that comply with the
requirements of this part may be conducted under manual or automatic
control.
Sec. 95.1203 Authorized locations.
MICS operation is authorized anywhere CB station operation is
authorized under Sec. 95.405.
Sec. 95.1205 Station identification.
A MICS station is not required to transmit a station identification
announcement.
Sec. 95.1207 Station inspection.
All non-implanted MICS apparatus must be made available for
inspection upon request by an authorized FCC representative. Persons
operating implanted medical implant transmitters shall cooperate
reasonably with duly authorized FCC representatives in the resolution of
interference.
Sec. 95.1209 Permissible communications.
(a) Except for the purposes of testing and for demonstrations to
health care professionals, medical implant programmer/control
transmitters may transmit only operational, diagnostic and therapeutic
information associated with a medical implant device that has been
implanted by a duly authorized health care professional.
(b) Except in response to a medical implant event, no medical
implant transmitter shall transmit except in response to a transmission
from a medical implant programmer/control transmitter or a non-radio
frequency actuation signal generated by a device external to the body in
which the medical implant transmitter is implanted or is to be
implanted.
(c) Medical implant programmer/control transmitters may be
interconnected with other telecommunications systems including the
public switched telephone network.
(d) Medical implant programmer/control transmitters may transmit
during a MICS communications session, as defined in Sec. 95.628, for the
purpose of facilitating MICS system operation for no more than 5 seconds
without the communications of data.
(e) Medical implant programmer/control transmitters may not be used
to relay information to a receiver that is not included with a medical
implant device. Wireless retransmission of information intended to be
transmitted by a medical implant programmer/control transmitter or
information received from a medical implant transmitter shall be
conducted using other radio services that operate in spectrum outside of
the MICS band.
Sec. 95.1211 Channel use policy.
(a) The channels authorized for MICS operation by this part of the
FCC Rules are available on a shared basis only and will not be assigned
for the exclusive use of any entity.
(b) Those using MICS 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 MICS transmissions. See
Sec. 95.628.
(c) Operation is subject to the condition that no harmful
interference is caused to stations operating in the 400.150-406.000 MHz
band in the Meteorological Aids, Meteorological Satellite, or Earth
Exploration Satellite Services. MICS stations must accept any
interference from stations operating in the 400.150-406.000 MHz band in
the Meteorological Aids, Meteorological Satellite, or Earth Exploration
Satellite Services.
Sec. 95.1213 Antennas.
No antenna for a medical implant programmer/control transmitter
shall be configured for permanent outdoor use, provided, however, that
any antenna used outdoors shall not be affixed to any structure for
which the height to the tip of the antenna will exceed three (3) meters
(9.8 feet) above ground.
Sec. 95.1215 Disclosure polices.
(a) Manufacturers of MICS transmitters must include with each
transmitting device the following statement: ``This transmitter is
authorized by rule
[[Page 574]]
under the Medical Implant Communications Service (part 95 of the FCC
Rules) and must not cause harmful interference to stations operating in
the 400.150-406.000 MHz band in the Meteorological Aids (i.e.
transmitters and receivers used to communicate weather data), the
Meteorological Satellite, or the Earth Exploration Satellite Services
and must accept interference that may be caused by such aids, including
interference that may cause undesired operation. This transmitter shall
be used only in accordance with the FCC Rules governing the Medical
Implant Communications Service. Analog and digital voice communications
are prohibited. Although this transmitter has been approved by the
Federal Communications Commission, there is no guarantee that it will
not receive interference or that any particular transmission from this
transmitter will be free from interference.''
Sec. 95.1217 Labeling requirements.
(a) Medical implant programmer/controller transmitters shall be
labeled as provided in part 2 of this chapter and shall bear the
following statement in a conspicuous location on the device:
This device may not interfere with stations operating in the
400.150-406.000 MHz band in the Meteorological Aids, Meteorological
Satellite, and Earth Exploration Satellite Services and must accept any
interference received, including interference that may cause undesired
operation.
(b) Where a medical implant programmer/control transmitter is
constructed in two or more sections connected by wire and marketed
together, the statement specified in this section is required to be
affixed only to the main control unit.
(c) Medical implant transmitters shall be identified with a serial
number. The FCC ID number associated with the transmitter and the
information required by Sec. 2.925 of the FCC Rules may be placed in the
instruction manual for the transmitter and on the shipping container for
the transmitter, in lieu of being placed directly on the transmitter.
Sec. 95.1219 Marketing limitations.
Transmitters intended for operation in the MICS may be marketed and
sold only for those uses described in Sec. 95.1209 of this part.
Subpart J--Multi-Use Radio Service (MURS)
Source: 65 FR 60878, Oct. 13, 2000, unless otherwise noted.
General Provisions
Sec. 95.1301 Eligibility.
An entity is authorized by rule to operate a MURS transmitter if it
is not a foreign government or a representative of a foreign government
and if it uses the transmitter in accordance with Sec. 95.1309 and
otherwise operates in accordance with the rules contained in this
subpart. No license will be issued.
Sec. 95.1303 Authorized locations.
(a) MURS operation is authorized:
(1) Anywhere CB station operation is permitted under Sec. 95.405;
and
(2) Aboard any vessel of the United States, with the permission of
the captain, while the vessel is travelling either domestically or in
international waters.
(b) MURS operation is not authorized aboard aircraft in flight.
(c) Anyone intending to operate a MURS unit on the islands of Puerto
Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could pose
an interference threat to the Arecibo Observatory shall notify the
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo,
Puerto Rico 00613, in writing or electronically, of the location of the
unit. Operators may wish to consult interference guidelines, which will
be provided by Cornell University. Operators who choose to transmit
information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo Observatory
shall be made 45 days prior to commencing operation of the unit. The
notification shall state the geographical coordinates of the unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo
[[Page 575]]
Observatory a period of 20 days for comments or objections. The operator
will be required to make reasonable efforts in order to resolve or
mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has satisfied
its responsibility to make reasonable efforts to protect the Observatory
from interference, the unit may be allowed to operate.
Sec. 95.1305 Station identification.
A MURS station is not required to transmit a station identification
announcement.
Sec. 95.1307 Permissible communications.
(a) MURS stations may transmit voice, data or image signals as
permitted in this subpart.
(b) A MURS station may transmit any emission type, subject to the
limitations contained in Sec. 90.207 of this chapter.
(c) MURS frequencies may be used for remote control and telemetering
functions. Emission types A1D, A2D, F1D, F2D are authorized and stations
used to control remote objects or devices may be operated on the
continuous carrier transmit mode, except on frequency 154.600 MHz.
Sec. 95.1309 Channel use policy.
(a) The channels authorized to MURS 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 MURS transmitters must cooperate in the selection
and use of channels in order to reduce interference and make the most
effective use of authorized facilities. Channels must be selected in an
effort to avoid interference to other MURS transmissions.