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......................