PLEASE NOTE: Sections of this document normaly marked "resurved" has been deleted to save space.
 
 

FEDERAL COMMUNICATIONS COMMISSION RULES

Revised as of October 1, 1998
Sections marked "resurved" are not included hearin.


 

Table of Contents:

Subpart A: General Mobile Radio Service

General Provisions

95.1: The General Mobile Radio Service (GMRS).
95.3: License required.
95.5: License eligibility.
95.7: Channel sharing.
Considerations When Planning A GMRS System.
95.21: GMRS system description.
95.23: Mobile station description.
95.25: Land station description.
95.27: Paging receiver description.
95.29: Channels available.
95.31: Overlap of GMRS systems.
95.33: Cooperative use of radio stations in the GMRS.
95.35: Multiple licensing of radio transmitting equipment in the GMRS.
95.37: Considerations near the Canadian border.
95.39: Considerations near FCC monitoring stations.
95.41: Considerations in the National Radio Quiet Zone.
95.43: Environmental considerations.
95.45: Considerations on Department of Defense land.
95.47: Considerations in large urban areas.
95.49: Considerations near large urban areas.
95.51: Antenna height.
95.53: Mobile station communication points.
95.55: Base station communication points.
95.57: Mobile relay station communication points.
95.59: Control station communication points.
95.61: Fixed station communication points.
Applying for a GMRS System License.
95.71: Applying for a new or modified license.
95.72: Applying for an STA or waiver of the rules.
95.73: System licensing.
95.75: Basic information.
95.77: Additional information for GMRS systems with four or more land stations.
95.79: Additional information for stations in the National Radio Quiet Zone
95.83: Additional information for stations with antennas higher than normally       allowed.
95.85: Additional information for stations near United States borders.
95.87: Signature.
95.89: Renewing a license.
Managing a GMRS system.
95.101: What the license authorizes.
95.103: Licensee duties.
95.105: License term.
95.107: Keeping the license.
95.109: License not transferable.
95.111: Transfer of control of a corporation.
95.113: System records.
95.115: Station inspection.
95.117: Where to contact the FCC.
95.119: Station Identification.
95.121: Transmitting channel.
95.123: Sharing a station or sharing equipment.
95.125: Station control point.
95.127: Controlling a station from a remote point.
95.129: Station equipment.
95.131: Servicing station transmitters.
95.133: Modification to station transmitters.
95.135: Transmitter power limits.
95.137: Moving a small base station or a small control station.
95.139: Adding a small base station or a small control station.
95.141: Interconnection prohibited.
95.143: Managing a GMRS system in an emergency.
Operating a GMRS system.
95.171: Station operator at control point.
95.173: Station operator duties.
95.175: Cooperation in sharing channels.
95.177: Responsibility for station operator's communications.
95.179: Individuals who may be station operators.
95.181: Permissible communications.
Appendices.
Appendex A: Making a Control Station Power Test.
Appendix B: Where the Large Urban Areas Are Located.
Subpart E: Technical Regulations
(Excerpts Pertaining to the GMRS)

General Provisions.

95.601: Basis and purpose.
95.603: Type acceptance required.
95.605: Type acceptance and certification procedures.
95.621: GMRS transmitter channel frequencies.
95.631: Emission types.
95.633: Emission bandwidth.
95.635: Unwanted radiation.
95.637: Modulation standards.
95.639: Maximum transmitter power.
Type Acceptance Requirements.
95.645: Control accessibility.
95.649: Power capability.
95.651: Crystal control required.
95.653: Instructions and warnings.
95.655: Frequency capability.

General Provisions

Sec. 95.1  The General Mobile Radio Service (GMRS).
    (a) The GMRS is a land mobile radio service available to persons for short-distance two-way communications to facilitate the activities of licensees and their immediate family members. Each licensee manages a system consisting of one or more stations.
    (b) The Interactive Video and Data Service (IVDS) is a two-way point-to-multipoint radio service intended for system licensees to provide information, products, and services, and to obtain responses from, subscribers in a specific area. The rules for this service are contained in subpart F of this part.

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

Sec. 95.5  License eligibility.
    An individual (one man or one woman) is eligible to obtain, renew and have modified a GMRS system license if that individual is 18 years of age or older and is not a representative of a foreign government. A non-individual (an entity other than an individual) is ineligible to obtain a new GMRS system license or to make a major modification to an existing GMRS system licenses (see Sec. 95.71(e)). Certain non-individuals are eligible to renew existing GMRS system license (see Sec. 95.89 (c) and (d)).

Sec. 95.7  Channel sharing.
    (a) Channels or channel pairs are available to GMRS systems only on a shared basis and will not be assigned for the exclusive use of any licensee. All station operators and GMRS system licensees must cooperate in the selection and use of channels to reduce interference and to make the most effective use of the facilities.
    (b) Licensees of GMRS systems suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the FCC may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Further, the use of any frequency at a given geographical location may be denied when, in the judgment of the FCC, its use in that location is not in the public interest; the use of any channel or channel pair may be restricted as to specified eographical areas, maximum power, or other operating conditions (see Sec. 95.71(d)).
 
 

Considerations When Planning a GMRS System

Sec. 95.21  GMRS system description.
    (a) A GMRS system is one or more transmitting units used by station operators to communicate messages. A GMRS system is comprised of:

    (1) One or more station operators;
    (2) One mobile station consisting of one or more mobile units (see Sec. 95.23);
    (3) One or more land stations (optional); and
    (4) Paging receivers (optional).
    (b) In certain areas, point-to-point GMRS systems may be comprised of fixed stations only (see Secs. 95.47, 95.49 and 95.61).
    (c) A GMRS system may be operated in:
(1) Simplex mode. (Only one station operator can speak at a time.)
(2) Duplex mode. (Two station operators can speak at the same time. One or more stations transmit on one channel. The other station(s) transmit(s) on the channel pair counterpart.)
(3) A combined simplex-duplex mode. (E.g., a mobile relay system with mobile units operating in simplex mode on a channel pair.)
Sec. 95.23  Mobile station description.
    (a) A mobile station is one or more units which transmit while moving or during temporary stops at unspecified points.
    (b) A mobile station unit may transmit from any point within or over any areas where radio services are regulated by the FCC except where additional considerations apply (see Secs. 95.37 through 95.49).
    (c) A mobile station unit may transmit from an aircraft or ship, with the captain's permission, which is:
(1) Within or over any area where radio services are regulated by the FCC except where additional restrictions apply; and
(2) On or over international waters, if the unit is transmitting from an aircraft or ship of United States registry.
    (d) A mobile station unit must not transmit from points within or over the territorial limits of any area where radio services are regulated only by:
(1) A foreign government; or
(2) A United States government agency other than the FCC.
Sec. 95.25  Land station description.
    (a) A land station is a unit which transmits only from:
(1) An exact point as shown on the license; or
(2) An unspecified point within an operating area (an area within a circle centered on a point chosen by the applicant) as shown on the license, for a temporary period (one year or less).
    (b) The point from which every land station transmits must be within an area where radio services are regulated by the FCC.
    (c) Each land station is classified according to its communications points (the other stations or paging receivers to which the station operator communicates messages). There are four land station classes:
(1) Base station (see Sec. 95.55);
(2) Mobile relay station (see Sec. 95.57);
(3) Control station (see Sec. 95.59); and
(4) Fixed station (see Sec. 95.61).
    (d) A small control station is any control station which:
(1) Has an antenna no more than 6.1 meters (20 feet) above the ground or above the building or tree on which it is mounted (see Sec. 95.51); and
(2) Is:
(i) South of Line A or west of Line C (see Sec. 95.37); or
(ii) North of Line A or east of Line C, and the station transmits with no more than 5 watts ERP (effective radiated power).
    (e) A small base station is any base station that:
(1) Has an antenna no more than 6.1 meters (20 feet) above the ground or above the  building or tree on which it is mounted (see Sec. 95.51); and
(2) Transmits with no more than 5 watts ERP.
    (f) A land station may be licensed to transmit as more than one station class. (Example: A land station is licensed as both a base station and a control staton. When it is transmitting as a base station its communication points are those of a base station (see Sec. 95.55). When it is transmitting as a control station its communication points are those of a control station (see Sec. 95.59).

Sec. 95.27  Paging receiver description.
    A paging receiver is a unit capable of receiving the radio signals from a base station for the bearer to hear a page (someone's name or other identifier said in order to find, summon or notify him/her) spoken by the base station operator.

Sec. 95.29  Channels available.
    (a) The licensee of the GMRS system must select the transmitting channel or channel pair for the stations in the GMRS system from the following lists:

(1) For a base station, mobile relay station, fixed station or mobile station, the following 462 MHz (megahertz) channels; 462.5500, 462.5750, 462.6000, 462.6250, 462.6500, 462.6750, 462.7000 and 462.7250.
(2) For a mobile station, control station or fixed station operated in the duplex mode, the following 467 MHz channels: 467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 467.7000, and 467.7250.
(3) As of December 31, 1993, the 467 MHz channels may be used only to transmit communications through a mobile relay station and for remotely controlling a mobile relay station. As of December 31, 1993, no station in a GMRS system may transmit communications directly (not through a mobile relay station) on the 467 MHz channels.
    (b) The FCC will normally assign only one channel or one channel pair (one 462 MHz channel and its counterpart 5 MHz spaced 467 MHz channel) to a GMRS system comprised of stations intended for operation in the simplex mode. A second channel or channel pair will be assigned at the request of the applicant.
    (c) The FCC will normally assign only one channel pair to a GMRS system comprised of stations intended for operation in the duplex mode. A second channel pair will be assigned at the request of the applicant.
    (d) No GMRS system may be assigned more than two channels or channel pairs. Stations in certain GMRS systems may, however, also transmit on additional frequencies listed in the following paragraphs, in accord with the conditions specified.
    (e) Mobile stations in a GMRS system licensed to an individual that is not specifically authorized for the 462.675 MHz/467.675 MHz channel pair may transmit on that channel pair with the following limitations:
(1) The communications must be for the purpose of soliciting or rendering assistance to a traveler, or for communicating in an emergency pertaining to the immediate safety of life or the immediate protection of property; and
(2) The frequency 467.675 MHz may be used only for the purposes of accessing and communicating through a mobile relay station transmitting on 462.675 MHz.
    (f) Except for a GMRS system licensed to a non-individual, a mobile station or a small base station operating in the simplex mode may transmit on the following 462 MHz interstitial channels: 462.5625, 462.5875, 462.6125, 462,6375, 462.6625, 462.6875 and 462.7125.
These channels may be used only under the following conditions:
(1) Only voice type emissions may be transmitted;
(2) The station does not transmit one-way pages; and
(3) The station transmits with no more than 5 watts ERP.
    (g) Fixed stations in GMRS systems authorized before March 18, 1968, located 160 kilometers (100 miles) or more from the geographic center of urbanized areas of 200,000 or more population as defined in the U.S. Census of Population, 1960, Vol. 1, Table 23, page 50 that were authorized to transmit on channels other than those listed in this section may continue to transmit on their originally assigned channels provided that they cause no interference to the operation of stations in any of the part 90 private land mobile radio services.

Sec. 95.31  Overlap of GMRS systems.
    An entity may not have a base station or a mobile relay station for that entity's GMRS system within 64.4 kilometers (40 miles) of a base station or a mobile relay station for another GMRS system licensed to the same entity. Base stations and mobile relay stations licensed to the same entity in two different GMRS systems less than 64.4 kilometers (40 miles) apart which were authorized prior to October 16, 1983 are not subject to the provisions of this rule.

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 n the GMRS, subject to the following conditions and limitations.

(1) The station to be shared must be individually owned by the licensee, jointly owned by the participants and the licensee, leased individually by the licensee, or leased jointly by the participants and the licensee.
(2) The licensee must maintain access to and control over all stations authorized under its license.
(3) A station may be shared only:
(i) Without charge;
(ii) On a non-profit basis, with contributions to capital and operating expenses including the cost of mobile stations and paging receivers prorated equitably among all participants; or
(iii) On a reciprocal basis, i.e., use of one licensee's stations for the use of another licensee's stations without charge for either capital or operating expenses.
(4) All sharing arrangements must be conducted in accordance with a written agreement to be kept as part of the station records.
    (b) Participants in a cooperatively shared GMRS mobile relay or base station may obtain a license for their own mobile station(s), provided that the licensee of the shared GMRS station consents in writing to the issuance of such authorization.

Sec. 95.35  Multiple licensing of radio transmitting equipment in the GMRS.
    Two or more persons licensed in the GMRS may use the same transmitting equipment under the following terms and conditions:
    (a) Each licensee complies with the general operating requirements set out in Secs. 95.171 through 95.181 of the rules; and
    (b) Each licensee must have access to the transmitter for which the licensee is authorized.

Sec. 95.37  Considerations near the Canadian border.
    The United States and the Government of Canada coordinate channel assignments to certain radio stations in areas along their common borders north of Line A and east of Line C. (See Sec. 1.955 of the FCC Rules.)

Sec. 95.39  Considerations near FCC monitoring facilities.
    The FCC may impose additional restrictions on a land station in a GMRS system if it is at a point within 4.8 kilometers (3 miles) of an FCC monitoring facility and the station's transmissions degrade, obstruct, or repeatedly interrupt the operation of the equipment at the FCC monitoring facility. Before applying for license to put a land station at such a point, or before applying to change anything in a station already licensed for such a point, you should consult the FCC by writing to the Chief, Compliance and Information Bureau, Federal Communications Commission, Washington, DC 20554.

Sec. 95.41  Considerations in the National Radio Quiet Zone.
    (a) The FCC may impose additional restrictions on a land station in a proposed GMRS system, or on one in a GMRS system proposed for modification, if the station is proposed for or located at a point within the National Radio Quiet Zone (an area within the States of Maryland, Virginia and West Virginia). The Zone is the area bounded by:

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

Sec. 95.42  Considerations in the Puerto Rico Coordination Zone.
    Any applicant for a new base or fixed station authorization to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or for a modification of an existing authorization which would change the frequency, power, antenna height, directivity, or location of a station on these islands and would increase the likelihood of the authorized facility causing interference, shall notify the Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or electronically, of the technical parameters of the proposal. Applicants may wish to consult interference guidelines, which will be provided by Cornell University. Applicants who choose to transmit information electronically should e-mail to: [email protected].
    (a) The notification to the Interference Office, Arecibo Observatory shall be made prior to, or simultaneously with, the filing of the application with the Commission. The notification shall state the geographical coordinates of the antenna (NAD-83 datum), antenna height above ground, ground elevation at the antenna, antenna directivity and gain, proposed frequency and FCC Rule Part, type of emission, effective radiated power, and whether the proposed use is itinerant. Generally, submission of the information in the technical portion of the FCC license application is adequate notification. In addition, the applicant shall indicate in its application to the Commission the date notification was made to the Arecibo Observatory.
    (b) After receipt of such applications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections in response to the notification indicated. The applicant will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory and to file either an amendment to the application or a modification application, as appropriate. If the Commission determines that an applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, its application may be granted.
    (c) The provisions of this paragraph do not apply to operations that transmit on frequencies above 15 GHz.

Sec. 95.43  Environmental considerations.
    An application for AMRS system that includes a local station which may have a significant impact upon the environment, as specified in Sec. 1.1307 of this chapter, must be accompanied by an environmental assessment as set forth in Sec. 1.1311 of this chapter.

Sec. 95.45  Considerations on Department of Defense land.
    The Department of Defense may impose additional restrictions on a station transmitting on its land. (Before applying to place or modify a station at such a point, an applicant should consult with the commanding officer in charge of the land.)

Sec. 95.47  Considerations in large urban areas.
    (a) No fixed station may be at any point within a large urban area.
    (b) A control station at a point within a large urban area must have:

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

Sec. 95.49  Considerations near large urban areas.
    (a) A fixed station at a point near a large urban area must have:

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

Sec. 95.51  Antenna height.
    (a) A land station antenna (the land station's radiating structure (for transmitting, receiving or both), including the tower, mast or pole supporting it and everything attached to the structure) must not be a hazard to aircraft. The licensee of a GMRS system must get FCC
permission (see Sec. 95.83) before the uppermost tip of an antenna may be higher than normally allowed in paragraphs (b), (c) and (d) of this section.
    (b) Regardless of any other requirement of this section, an antenna may always be at least:

(1) 6.1 meters (20 feet) above the ground or above the building or tree upon which the antenna is mounted; or
(2) Equal to the height of an existing antenna to which the land station antenna is attached.
    (c) The antenna may be as high as 61 meters (200 feet) above the ground, unless it will be within 6.1 kilometers (20,000 feet) of an airport or heliport.
    (d) If the antenna is near an airport or heliport listed in the FAA's (Federal Aviation Administration's) Airport Facilities Directory, or near an airport or heliport operated by the Department of Defense, it must not be higher than:
(1) One meter higher than the airport elevation for every 100 meters from the nearest runway if the runway is longer than one kilometer (3,281 feet), and is within 6.1 kilometers (20,000 feet) of the antenna; or
(2) Two meters higher than the airport elevation for every 100 meters from the nearest runway if the runway is no longer than one kilometer (3,281 feet), and is within 3.1 kilometers (10,000 feet) of the antenna; or
(3) Four meters higher than the heliport elevation for every 100 meters from the nearest landing pad if the pad is within 1.5 kilometers (5,000 feet) of the antenna.
    (e) If the FCC grants permission to put an antenna higher than normally allowed in paragraphs (b), (c) and (d) of this section, the licensee may have to mark the antenna with bright paint and light it up at night (see part 17 of the FCC Rules).
    (f) The antenna for a small base stations or for a small control station must not be more than 6.1 meters (20 feet) above the ground or above the building or tree on which it is mounted.

Sec. 95.53  Mobile station communication points.
    (a) A mobile station unit may transmit communications directly to:

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

Sec. 95.55  Base station communication points.
    (a) A base station may transmit communications directly to:

(1) Mobile station units in the same GMRS system;
(2) Mobile station units in any other GMRS system; and
(3) Paging receivers in the same GMRS system.
    (b) A base station must not transmit communications to:
(1) Any mobile relay station;
(2) Any base station;
(3) Any paging receiver not in the same GMRS system;
(4) Any fixed station;
(5) Any control station;
(6) Any station in the Amateur Radio Service;
(7) Any unauthorized station; or
(8) Any foreign station.
Sec. 95.57  Mobile relay station communication points.
    (a) A mobile relay station in a GMRS system may automatically (without immediate thought or action by the station operator) retransmit communications between:
(1) A mobile station unit in the same GMRS system and:
(i) Another mobile station unit in the same GMRS system; or
(ii) A control station in the same GMRS system.
(2) A mobile station unit in any other GMRS system and:
(i) Another mobile station unit in the same GMRS system as the mobile relay station; or
(ii) A control station in the same GMRS system as the mobile relay station.
    (b) A mobile relay station in a GMRS system must not automatically retransmit communications between:
(1) A mobile station unit in any other GMRS system and another unit of the same mobile station, unless:
(i) The other GMRS system is licensed to an individual; and
(ii) The licensee of the GMRS system with the mobile relay station has given permission to use the mobile relay station for this purpose;
    (2) Any control station and any other control station;
    (3) Any other mobile relay station and any station;
    (4) Any base station and any station; or
    (5) Any fixed station and any station.
Sec. 95.59  Control station communication points.
    (a) A control station may transmit communications as a radio control link (see Sec. 95.127) to a remotely controlled station.
    (b) A control station may transmit communications through a mobile relay station to:
(1) Mobile station units in the same GMRS system as the control station; and
(2) Mobile station units in any other GMRS system.
    (c) A control station must not transmit communications to any other station.

Sec. 95.61  Fixed station communication points.
    (a) A fixed station may transmit communications from the point authorized for it on the license to another fixed station in the same GMRS system at the point authorized for it on the license.
    (b) A fixed station must not transmit communications to any other station.
 


Applying for a GMRS System License

Sec. 95.71  Applying for a new or modified license.
    (a) An individual applies for a license for a new GMRS system by filling out an application form and attaching all additional information required. An individual applies to modify a
license for an existing GMRS system using the same form and in the same manner as applying for a new GMRS system. Individuals should submit their applications, together with the filing fee, to the address specified in the Private Radio Services Fee Filing Guide.
    (b) An applicant for a General Mobile Radio Service system license, sharing a ltiply-licensed mobile relay station, may operate the system for a period of 180 days, under a Temporary Permit, evidenced by a properly-executed certification made on FCC Form 574-T, after mailing FCC Form 574 to the Commission.
    (c) The application will be returned to the applicant if it is defective. An application is defective if:

(1) The form is not completely filled out;
(2) All necessary additional information is not included; or
(3) All necessary certifications have not been made (see, e.g., Sec. 95.75 (g)(2), (o) and (p)).
    (d) The Commission may, without a hearing, grant an application in part or subject to terms or conditions or with privileges other than those requested. Such an action is presumed to be a grant of the application unless the applicant files a written rejection of the grant
as made within 30 days from the date of the grant or the effective date of the grant, whichever is later. If the Commission receives rejection of such a grant, the Commission will vacate its original action and will set the application for hearing.
    (e) A non-individual may not obtain a new GMRS system license. A non-individual that held a GMRS system license issued before July 31, 1987, may not make the following major modifications:
(1) Change the area of operation of the GMRS system;
(2) Add any stations to the GMRS system;
(3) Increase the number of units of the mobile station;
(4) Change the location of any land station in the GMRS system;
(5) Add one or more channels or channel pairs and/or change the assigned channel(s) or channel pair(s);
(6) Increase the transmitter power of an station in the GMRS system; or
(7) Increase the height of a station antenna in the GMRS system.
    (f) A GMRS system licensee may notify the FCC of a change of name or a change of mailing address by sending a letter to the Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325-7245. This does not, however, permit GMRS system license transferability (see Sec. 95.109). Nor does this suffice for corporate transfer of
control--the provisions of Sec. 95.111 apply instead.

Sec. 95.72  Applying for an STA or waiver of the rules.
    Applicants requesting an STA or waiver of the rules should submit their requests, together with the filing fee, to the address specified in the Wireless Telecommunications Bureau Fee Filing Guide.

Sec. 95.73  System licensing.
    (a) Application for a license for a new GMRS system or application to modify a licensed GMRS system is made on Form 574. The applicant must follow the Instructions for Completion of FCC Form 574 (available at FCC Field Offices).
    (b) One set of forms must be used for each system the applicant wants the FCC to license.
    (c) One form must be used to apply for the following stations in a GMRS system:

(1) The mobile station;
(2) All small base stations (see Sec. 95.25(e));
(3) All small control stations (see Sec. 95.25(d)); and
(4) All other land stations (at no more than 6 locations).
    (d) An additional form must be used to apply for every six land stations in a GMRS system that cannot be listed in the preceding form.
    (e) Form 574-T, Temporary Permit for a General Mobile Radio Service System, should be used if applicant is eligible and desires to operate the station pending the processing of
the application. (See also Sec. 95.71(b).)

Sec. 95.75  Basic information.
    The following information is required in all applications for a license for a new or modified GMRS system:
    (a) Applicant's name (see Sec. 95.5);
    (b) Applicant's mailing address (an address in the United States where mail from the FCC can be received);
    (c) Transmitting channel or channel pair requested (see Sec. 95.29);
    (d) Station class;
    (e) Number of transmitter units in a mobile station (see Sec. 95.23);
    (f) Number of land stations in each class (see Sec. 95.25);
    (g) Transmitter power as follows:

(1) Transmitter output power in watts for all stations.
(2) Station ERP in watts for all stations other than mobile stations, small base stations and small control stations.
    (h) Each land station point (except small base stations and small control stations)
    (i) Each control point for each remotely controlled land station (see Sec. 95.127), including small base stations and small control stations:
(1) Street address (if none, local directions to the control point); or
(2) Call sign of any control station already licensed to the applicant for that point;
    (j) Antenna height (see Sec. 95.51) and antenna ground elevation for each land station, except for small base stations and small control stations;
    (k) Communication services (see Sec. 95.101(c)) the proposed GMRS system would provide to, or receive from, any other individual or entity;
    (l) Age eligibility statement (where required--see Sec. 95.5);
    (m) Area of operation;
    (n) Emission designator. In the GMRS, emission F3E will be considered to include use of a selective calling tone, or a tone or digitally operated squelch (a tone code used to address a particular station) in conjunction with voice communications;
    (o) Foreign government certification, if applicable (see Sec. 95.5);
    (p) Frequency claim waiver certification, if applicable; and
    (q) Applicant's signature (see Sec. 95.87).

Sec. 95.77  Additional information for GMRS systems with land stations at four or more locations.
    (a) An application for a new or modified GMRS system having land stations (except for small control stations or small base stations) at 4 or more locations must include a functional system diagram (a drawing showing details of the GMRS system, including the points between which communications with other stations in the system will be exchanged.)
    (c) A copy of the functional system diagram must be kept as part of the GMRS system records (Sec. 95.113).

Sec. 95.79  Additional information for stations in the National Radio Quiet Zone.
    An application for a license for a new or modified GMRS system having a land station at a point within the National Radio Quite Zone (see Sec. 95.41) must:
    (a) Send a notice to:
            Director, National Radio Astronomy Observatory
            P.O. Box 2
            Green Bank, WV 24944

    (b) Provide the following details about the proposed station in the notice:

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

Sec. 95.83  Additional information for stations with antennas higher than normally allowed.
    (a) An applicant for a license for a new or modified GMRS system seeking permission to have a land station antenna higher than normally allowed (see Sec. 95.51) must:

(1) Request (on FCC Form 574) an antenna height greater than normally allowed; and
(2) Notify the Federal Aviation Administration (on FAA Form 7460-1) that the antenna would be higher than normally allowed.
(3) Register the structure by submitting FCC Form 854. The requirements for antenna structure registration, painting, and lighting are found in part 17 of this chapter.
    (b) Each base station and each control station with an antenna height greater than 6.1 meters (20 feet) must be separately identified on Form 574 (see Secs. 95.25 (d) and (e) and 95.51(f)).

Sec. 95.85  Additional information for stations near United States borders.
    For a new or modified GMRS system having a land station at a point north of line A, east of line C, or at any point close to any United States border where interference to a station in another country could occur, an applicant may include additional data on FCC Form 574-B if the land station:
    (a) Does not have vertical polarization;
    (b) Does not have an omnidirectional azimuth;
    (c) Has an associated control station with other than a directional
antenna having its azimuth of maximum radiation directed towards the land station;
    (d) Has an associated control station with other than 20 degrees beamwidth; or
    (e) Is part of a GMRS system that includes stations or units intended for communication with stations or units in other GMRS systems or in other radio services.

Provision of this information will enable the Commission to seek greater interference protection for the station from foreign stations.

Sec. 95.87  Who may sign applications.
    See part 1 of this chapter, Sec. 1.913, for practices and procedures governing signatures on license applications.

Sec. 95.89  Renewing a license.
    (a) The licensee of a GMRS system may apply to the FCC to renew the license for another term (see Sec. 95.105) by filling out FCC Form 574-R (or FCC Form 405-A when the licensee has not gotten FCC Form 574-R within 30 days of the expiration of the license), and sending it, together with the filing fee, to the address specified in the Private Radio Services Fee Filing Guide (unless the licensee is a governmental entity, in which case the renewal application should be sent to the Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325-7245).
    (b) If the renewal application is sent to the FCC before the existing license term expires, the renewal application is timely filed. Except for GMRS systems whose licenses may not be renewed (see Sec. 95.89 (c)(3) and (d)), stations in a GMRS system whose application is timely filed may continue to transmit under the expired license until the FCC acts on the renewal application. A copy of the renewal application sent to the FCC must be kept in the GMRS system records (see Sec. 95.113) until the renewed license, or notification of other FCC action, is received.
    (c) A GMRS system licensed to a non-individual before July 31, 1987, is eligible to renew that license and all subsequent licenses based upon it if:

(1) The non-individual is:
(i) A partnership, and each partner is 18 years of age or older;
(ii) A corporation;
(iii) An association;
(iv) A state, territorial or local government unit; or
(v) Other legal entity;
(2) The non-individual is not:
(i) A foreign government;
(ii) A representative of a foreign government; or
(iii) A federal government agency; and
(3) The licensee has not been granted any of the modifications to its GMRS system license specified in Sec. 95.71(e).
    (d) A GMRS system licensed to a non-individual on or after July 31, 1987, may not be renewed.
    (e) If a GMRS system license is allowed to expire, the former licensee may file an application to reinstate the expired license within six months after the expiration date. The application to reinstate must be accompanied by a renewal application. An expired GMRS system license for which a timely renewal application has not been filed is not valid. No station of such a GMRS system may transmit until the licensee has received a new GMRS system license based on the late-filed renewal application.
 


Managing a GMRS System

Sec. 95.101  What the license authorizes.
    (a) A license authorizes the licensee to manage the GMRS system only as:

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

Sec. 95.103  Licensee duties.
    (a) The licensee is responsible for the proper operation of the GMRS system at all times.
    (b) The licensee must have access to the station equipment and be able to disable it. A licensee using multiple licensed transmitting equipment may satisfy this requirement by entering an arrangement with other licensees using the same equipment to select one of their number to have primary access responsibility.
    (c) When the information about the licensee stated on the license changes, the licensee must take the following step(s):

(1) The licensee must notify the FCC in writing in the event of a name or mailing address change (see Sec. 95.117(b)). The notice must show the name and mailing address as they appear on the license, the station call sign(s), and the new name or new mailing address. A copy of the notice must be kept as part of the GMRS system records (see Sec. 95.113). (FCC Forms 405-A or 574-R may be used for this purpose.)
(2) If the status of a non-individual GMRS system licensee changes (for example, when a corporation is dissolved and a new corporation stands in its place, or a partnership becomes a corporation), the licensee must send the license to the FCC for cancellation (see
Sec. 95.117(b)).
    The former licensee may not operate until the FCC has aproved a license
for the system in the name of the new entity.

Sec. 95.105  License term.
    A license for a GMRS system is usually issued for a 5-year term. (FCC prints the expiration date on the license.)

Sec. 95.107  Keeping the license.
    (a) The licensee must keep the license document until:

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

Sec. 95.109  License not transferable.
    (a) The licensee must not transfer, assign, sell or give the license for a GMRS system to any other entity except in accordance with the provisions of Sec. 95.111.
    (b) If the licensee sells or gives away the GMRS system equipment, the new owner must obtain a new license before using it (see Sec. 95.71), unless the new owner intends to use the equipment with an already licensed GMRS system.

Sec. 95.111  Transfer of control of a corporation.
    If the licensee of a GMRS system is a corporation, and there is a
change in the control of the corporation, the licensee must request
consent for the change of control from the FCC by filling out Form 703
and sending it, together with the filing fee, to the address specified
in the Wireless Telecommunications Bureau Fee Filing Guide. The FCC
document granting such consent must be kept as part of the GMRS system
records (see Sec. 95.113).

Sec. 95.113  System records.
    (a) The licensee must keep records for the GMRS system for the license term (see Sec. 95.105), except that the licensee need not keep authorizations which have expired.
    (b) GMRS system records include the following documents (where applicable):

(1) The license (see Sec. 95.107);
(3) Copies of letters from the licensee to the FCC concerning name or mailing address changes (see Sec. 95.103);
(4) Copies of answers to discrepancy notices;
(5) An STA or waiver of these rules;
(6) A copy of any renewal application submitted to the FCC and not yet acted upon (see Sec. 95.89(b));
(7) A copy of the measurements and calculations (see appendix A) made during a control station power test (see Sec. 95.47);
(8) A copy of a functional system diagram (see Sec. 95.77);
(9) A copy of the agreement under which any station in the GMRS system is cooperatively shared (see Sec. 95.33);
(10) A copy of the FCC consent to a licensee corporation's change in its corporate control (see Sec. 95.111); and
(11) A temporary permit.
Sec. 95.115  Station inspection.
    If an authorized FCC representative requests to inspect any station in a GMRS system, the licensee or station operator must make the station available. If an authorized FCC representative requests to inspect the GMRS system records (see Sec. 95.113), the licensee must make them available.

Sec. 95.117  Where to contact the FCC.
    (a) Write to:  The nearest FCC Field Office

(1) For application forms (see Secs. 95.73 and 95.87);
(2) For instruction forms (see Sec. 95.73);
(3) To complain about interference; or
(4) To find out if the FCC has certificated a certain transmitter for use in the GMRS (see Sec. 95.129).
    (b) Write to: Federal Communications Commission, Attention: GMRS, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
(1) To ask a question about an application or about these Rules;
(4) To notify the FCC of a new name or mailing address (see
Sec. 95.103);
(6) To return a license to the FCC for cancellation (see Secs. 95.103 and 95.107).
    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.117, paragraph (a)(4) was amended by removing the term ``type-accepted'' and adding in its place ``certificated'', effective Oct. 5, 1998.

Sec. 95.119  Station identification.

    (a) Except as provided in paragraph (e) of this section, every station in a GMRS system and every mobile station unit must transmit a station identification:

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

Sec. 95.121  Transmitting channel.
    Each station in a GMRS system must transmit only on the channel(s) or channel pair(s) (see Secs. 95.7 and 95.29) printed on the license for that station, or authorized by these Rules for use by that station (see Sec. 95.29 (e) and (f)).

Sec. 95.123  Sharing a station or sharing equipment.
    Every station in a GMRS system which is cooperatively shared (see Sec. 95.33) must be managed by the licensee in accordance with the written agreement and in accordance with the provisions of Sec. 95.33. Licensees sharing multiply licensed equipment must do so in accordance with the provisions of Sec. 95.35.

Sec. 95.125  Station control point.
    (a) Each station in a GMRS system must have a control point (where the station operator can perform the required duties (see Sec. 95.173)).
   (b) The control point for each station must be at that station, unless the license authorizes the station to be controlled from a remote point.

Sec. 95.127  Controlling a station from a remote point.
    (a) A station operator in a GMRS system may control the station from a remote point through a control link (a connection between the remote control point and the remotely controlled station). The control link must be either:

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

Sec. 95.129  Station equipment.
    (a) Every station in a GMRS system must use transmitters the FCC has 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, subpart E of these rules.
    (b) No transmitter may be used at a station in a GMRS system which:

(1) Is not FCC certificated for use in the GMRS; or
(2) Has been internally modified to make it different from the FCC certificated model (see Sec. 95.133)
    (c) A land station in a GMRS system must use a directional antenna if it is a:
(1) Control station at a point within a large urban area (see Sec. 95.47); or
(2) Fixed station at a point near a large urban area (see Sec. 95.49).
    (d) Every small base station and every small control station must use an antenna no more than 6.1 meters (20 feet) high (see Sec. 95.25 (d) and (e)).

 Sec. 95.131  Servicing station transmitters.
    (a) The GMRS system licensee shall be responsible for the proper operation of all stations in the GMRS system at all times and is expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation.
    (b) Except as provided in paragraph (c) of this section, test signals during internal adjustments to a station transmitter must be made using a non-radiating simulated antenna.
    (c) Brief test signals using a radiating antenna may be transmitted to adjust the antenna to the station transmitter or to detect or measure spurious radiation. These test transmissions must not be longer than one minute during any five-minute period. These test transmissions shall not interfere with communications already in progress on the operating frequency, and shall be properly identified as required, but may be otherwise unmodulated as appropriate.

Sec. 95.133  Modification to station transmitters.
    (a) No internal changes may be made in a transmitter used in a station in a GMRS system to make the transmitter different from the FCC certificated model (see Sec. 95.129).
    (b) One FCC certificated model may be converted to another FCC certificated model if the conversion is done:

(1) By the original manufacturer of the transmitter.
(2) In accordance with the original manufacturer's instructions.
Sec. 95.135  Maximum authorized transmitting power.
    (a) No station may transmit with more than 50 watts output power.
    (b) A control station at a point within a large urban area must not transmit with more output power than the licensee determines by a test (see Sec. 95.47 and appendix A). The licensee must keep a copy of the measurements and calculations made during this test as part of the GMRS system records (see Sec. 95.113).
    (c) A small control station at a point north of Line A or east of Line C must transmit with no more than 5 watts ERP.
    (d) A fixed station at a point near a large urban area must transmit with no more than 15 watts output power (see Sec. 95.49).
    (e) A small base station must transmit with no more than 5 watts ERP.

Sec. 95.137  Moving a small base station or a small control station.
    (a) A small base station (see Sec. 95.25(e)) or a small control station (see Sec. 95.25(d)) in a GMRS system may be moved from the point specified on the license to any other point where radio services are regulated by the FCC.
    (b) The licensee must file an application to modify the GMRS system (see Sec. 95.71) to show the new point within 30 days after the small base station or the small control station is moved.

Sec. 95.139  Adding a small base station or a small control station.
    (a) Except for a GMRS system licensed to a non-individual, one or more small base stations or a small control station may be added to a GMRS system at any point where radio services are regulated by the FCC.
    (b) The licensee must file an application to modify the GMRS system (see Sec. 95.71) within 30 days after each small base station or small control station is added.
    (c) Non-individual licensees may not add any small base station or small control stations to their GMRS systems.

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).

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.
 

Operating a GMRS Station

Sec. 95.171  Station operator at control point.
    When a station in a GMRS system is transmitting, it must have a station operator. The station operator must be at the control point (see Sec. 95.125) for that station. The same person may be the operator for more than one station at the same time.

Sec. 95.173  Station operator duties.
    The station operator:
    (a) Communicates messages (see Sec. 95.181);
    (b) Controls the station by:

(1) Causing it to transmit and to cease transmitting;
(2) Taking all necessary and reasonable precautions to assure that unauthorized or improper operations do not occur;
(3) Refraining from making any transmissions that may have the reasonably anticipated effect of causing improper operation of others' equipment; and
(4) In cases of recurrent interference, obeying any Commission- imposed additional requirements or restrictions.
Sec. 95.175  Cooperation in sharing channels.
    The station operator must cooperate in sharing each channel with station operators of other stations by:
    (a) Monitoring the channel before initiating transmissions;
    (b) Waiting until ongoing communications are completed before initiating transmissions;
    (c) Engaging in only permissible communications (see Sec. 95.181); and
    (d) Limiting transmissions to the minimum practicable transmission time.

Sec. 95.177  Responsibility for station operator's communications.
    The licensee is responsible for all communications made by station operators in the GMRS system. (The licensee should be certain every station operator understands and complies with these Rules.)

Sec. 95.179  Individuals who may be station operators.
    (a) An individual GMRS system licensee may permit his/her immediate family members living in the same household to be station operators in his/her GMRS system. They may communicate messages about the licensee's personal activities and about the licensee's business activities. Immediate family members are the:

(1) Licensee;
(2) Licensee's spouse;
(3) Licensee's children, grandchildren, stepchildren;
(4) Licensee's parents, grandparents, stepparents;
(5) Licensee's brothers, sisters;
(6) Licensee's aunts, uncles, nieces, nephews; and
(7) Licensee's in-laws.
    (b) In a GMRS system licensed to a non-individual, eligible station operators are limited to the persons listed in paragraph (b)(1) of this section with the conditions listed in paragraph (b)(2) of this section as follows:
(1) Only the following persons may be permitted to operate under the
authority of a GMRS system licensed to a non-individual:
(i) A partnership.......................  Licensee's partners and employees.
(ii) A corporation......................  Licensee's officers, directors, members and  employees.
(iii) An association....................  Licensee's members and  employees.
(iv) A governmental unit................  Licensee's employees.
(2) These persons may only communicate messages about the licensee's business activities. Employees of the licensee may communicate messages while acting within the scope of their employment, and only about the licensee's business activities.
    (c) The licensee may permit a telephone answering service employee to be a station operator if:
(1) That employee only communicates messages received for the licensee to the licensee;
(2) The station equipment at the telephone answering point is not shared in any other GMRS system; and
(3) The station at the telephone answering service point is not interconnected to the public switched telephone network.
    (d) The station operator of a GMRS system licensed to an individual may be a station operator in any other GMRS system if he/she has permission from the licensee of the other GMRS system.
    (e) The provisions of Sec. 95.33 regarding cooperative use do not apply to or govern the authority of a GMRS licensee to designate station operators in accordance with the provisions of this section.
    (f) Except for emergency communications (see Sec. 95.143), only persons specified in paragraphs (a) through (d) may be GMRS station operators.

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).
    (c) A station operator for any entity other than an individual licensed in the GMRS may communicate two-way voice messages concerning the licensee's business activities (see Sec. 95.179). An employee for an entity other than an individual licensed in the GMRS may, as a station operator, communicate two-way voice messages while acting within the
scope of his/her employment.
    (d) A station operator for any GMRS licensee may communicate two-way voice messages concerning:

(1) Emergencies (see Sec. 95.143);
(2) Rendering assistance to a motorist; and
(3) Civil defense drills, if the responsible agency requests assistance.
    (e) All messages must be in plain language (without codes or hidden meanings). They may be in a foreign language, except for call signs (see Sec. 95.119).
    (f) A station operator may communicate tone messages for purposes of identification or transmitter control in a control link (see Sec. 95.127). (The FCC treats a control tone as voice in this case.)
    (g) A station operator may communicate a selective calling tone or tone operated squelch only in conjunction with a voice communication. If the tone is subaudible (300 Hertz or less) it may be communicated during the entire voice message. If the tone is audible (more than 300 Hertz) it may be communicated for no more than 15 seconds at a time.
    (h) A station operator may communicate a one-way voice page to a paging receiver. A selective calling tone or tone operated squelch may be used in conjunction with a voice page, as prescribed in paragraph (g) of this section. A station operator may not communicate a tone-only page (tones communicated in order to find, summon or notify someone).
(i) A station operator must not communicate:
(1) Messages for hire, whether the remuneration received is direct or indirect;
(2) Messages in connection with any activity which is against Federal, State or local law;
(3) False or deceptive messages;
(4) Coded messages or messages with hidden meanings (``10-codes'' are permitted);
(5) Intentional interference;
(6) Music, whistling, sound effects or material to amuse or entertain;
(7) Sounds only to attract attention;
(8) Obscene, profane or indecent words, language or meaning;
(9) Advertisements or offers for the sale of goods or services;
(10) Advertisements for a political candidate or political campaign (messages about the campaign business may be communicated);
(11) International distress signals, such as the word ``Mayday'' (except when on a ship, aircraft or other vehicle in immediate danger to ask for help);
(12) Programs (live or delayed) intended for radio or television station broadcast (messages about news items or program preparation may be communicated);
(13) Messages which are both conveyed by a wireline control link and transmitted by a GMRS station (see Sec. 95.127);
(14) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station;
(15) Continuous or uninterrupted transmissions, except for communications involving the immediate safety of life or property; or
(16) Messages for public address systems.
    (j) A station operator in a GMRS system licensed to a telephone answering service must not transmit any communications to customers of the telephone answering service.
 

Appendix A to Subpart A to Part 95--Making a Control Station Power Test
    (a) A unit of the mobile station is brought to the control station or to a point within 402 meters (\1/4\ mile) of the control station.
    (b) The strength of the signal received at the terminals of the feedline to the antenna of the remotely controlled station produced by transmissions of the unit of your mobile station must be measured.
   (c) The directional antenna of the control station must be aimed so that transmissions
from it produce the greatest signal strength at the terminals of the feedline to the antenna of the remotely controlled station.
    (d) The transmitter output power of the control station must be adjusted (see Sec. 95.135) so that the signal strength produced at the terminals of the feedline to the antenna of the remotely controlled station is no more than 6 decibels more than that produced by the unit
of the mobile station. The maximum transmitter output power permitted any GMRS station must not be exceeded (see Sec. 95.135).
    (e) A record must be made of each control station power test and kept as part of the GMRS system records.
 

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

California:  Bakersfield, Fresno, Los Angeles, Long Beach, Oxnard,Ventura,Thousand Oaks, Sacramento, San Bernardino-Riverside, San Diego, San Francisco-Oakland, San Jose

Florida:  Fort Lauderdale, Hollywood, Jacksonville, Melbourne, Cocoa, Miami, Orlando, Pensacola

New Mexico:  Albuquerque

New York:  Albany-Schenectady-Troy, Buffalo

Ohio:  Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton

Texas:  Austin, Corpus Christi, Dallas-Fort Worth, El Paso, Huston

Allentown-Bethlehem-Easton, PA-NJ
Ann Arbor, MI
Atlanta, GA
Augusta, GA-SC
Baltimore, MD
Loiasiana:  Baton Rouge
Iowa:  Des Moines
Birmingham, AL
Boston, MA
Bridgeport, Hartford, CT
South Carolina:  Charleston, Columbia, Greenville
Charlotte, Fayetteville, NC
Chattanooga, TN-GA
Chicago, IL
Cincinnati, KY
Colorado Springs, Denver, CO
Columbus, GA-Ala
Davenport-Rock Island-Moline, IA-IL
Detroit, Flint, Grand Rapids, Lansing, MI
Fort Wayne, Indianapolis, IN
Harrisburg, PA
Honolulu, HI
Jackson, MS
Kansas City, MO-KS
Knoxville, Nashville, Davidson, TN
Las Vegas, NV
Lawrence-Haverhill, MA-NH
Little Rock-North Little Rock, AR
Lorain-Elyria, OH
Louisville, KY-IN
Memphis, TN-AR-MS
Milwaukee, WI
Minneapolis-St. Paul, MN
Mobile, AL
New Haven, CT
New Orleans, LA
Newport News-Hampton, Norfolk, Portsmouth, VA
New York, NY-Northeastern NJ
Ogden, UT
Oklahoma City, OK
Omaha, NE-IA
Peoria, IL
Philadelphia, PA-NJ
Phoenix, AZ
Pittsburgh, PA
Portland, OR-WA
Providence-Pawtucket-Warwick, RI-MA
Raleigh, NC.
Richmond, VA
Rockford, IL
St. Louis, MO
St. Petersburg, Sarasota, Bradenton, Tampa, West Palm Beach, FL
Salt Lake City, UT
Scranton-Wilkes-Barre, PA
Shreveport, LA
South Bend, IN-MI
Spokane, Tacoma, WA
Springfield-Chicopee-Holyoke, MA-CT
Syracuse, NY
Toledo, OH-MI
Trenton, NJ-PA
Tucson, AZ
Tulsa, OK
Washington, DC-MD-VA
Wichita, KS
Wilmington, DE-NJ-MD
Worcester, MA
Youngstown-Warren, OH

San Juan, PR
------------------------------------------------------------------------

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

 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

                            PART 95, SUBPART E

                         Personal Radio Services

                          Technical Regulations
              (This section contains parts and portions pertaining to the GMRS only)

                        Effective December 1, 1997

GENERAL PROVISIONS

95.601  Basis and purpose.
These rules provide 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 any of the Personal Radio Services must comply. This section also provides requirements for obtaining type acceptance or type certification for such transmitters.

95.603  Type acceptance required.
(a) Each  GMRS transmitter (a transmitter that operates or is intended to operate at a station authorized in the GMRS) must be type accepted.

95.605  Type acceptance and certification procedures.
Any entity may request type acceptance for its transmitter when the transmitter is used in the GMRS, R/C, CB, IVDS, or LPRS following the procedures in Part 2 of this chapter.

Any entity may request certification for its transmitter when the transmitter is used in the FRS following the procedures in Part 2 of this chapter.

TECHNICAL STANDARDS

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%.

95.631 Emission types.
(a) A GMRS transmitter must transmit only emission types A1D, F1D, G1D, H1D, J1D, R1D, A3E, F3E, G3E, H3E, J3E or R3E.  A non-voice emission is limited to selective calling or tone-operated squelch tones to establish or continue voice communications.  See 95.181(g) and (h).

(e) No GMRS or CB transmitter shall employ a digital modulation or emission.

(f) No GMRS, CB or R/C transmitter shall transmit non-voice data.

95.633 Emission bandwidth.
(a) The authorized bandwidth (maximum permissible bandwidth of a transmission) for emission type H1D, J1D, R1D, H3E, J3E or R3E is 4 kHz.  The authorized bandwidth for emission type AID or A3E is 8 kHz.  The authorized bandwidth for emission type F1D, G1D, F3E or G3E is 20 kHz.

95.635 Unwanted radiation.
(a) In addition to the procedures in Part 2, the following requirements apply to each transmitter both with and without the connection of all attachments acceptable for use with the transmitter, such as an external speaker, microphone, power cord, antenna. etc.

(b) The power of each unwanted emission shall be less than TP as specified in the applicable paragraph:

     Transmitter Emission type                          Applicable paragraphs

     GMRS        A1D, A3E, F1D, G1D, F3E,               (1), (3), (7)
                 G3E with filtering

                 A1D, A3E, F1D, G1D, F3E,               (5), (6). (7)
                 G3E without filtering

                 H1D, J1D, R1D, H3E, J3E, R3E           (2), (4), (7)

     NOTE:  Filtering refers to the requirement in 95.635(b).

 95.637 Modulation standards.
(a) A GMRS transmitter that transmits emission types F1D, G1D, or G3E must not exceed a peak frequency deviation of plus or minus 5 kHz. A GMRS transmitter than transmits emission type F3E must not exceed a peak frequency deviation of plus or minus 5 KHz.  A FRS unit that transmits emission type F3E must not exceed a peak frequency deviation of plus or minus 2.5 KHz, and the audio frequency response must not exceed 3.125 KHz.

(b) Each GMRS transmitter, except a mobile station transmitter with a power output of 2.5 W or less, must automatically prevent a greater than normal audio level from causing overmodulation. The transmitter also    must include audio frequency low pass filtering, unless it complies with the applicable paragraphs of 95.631 (without filtering). The filter must be between the modulation limiter and the modulated stage of the transmitter. At any frequency (f in kHz) between 3 and 20 kHz, the filter must have an attenuation of at least 60 log10 (f/3) dB greater than the attenuation at 1 kHz. Above 20 kHz, it must have an attenuation of at least 50 dB greater than the attenuation at 1 kHz.

(c) When emission type A3E is transmitted, the modulation must be greater than 85% but must not exceed 100%.  Simultaneous amplitude modulation and frequency or phase modulation of a transmitter are not permitted.

95.639 Maximum transmitter power.
(a) No GMRS transmitter, under any condition of modulation, shall exceed:

     (1) 50 W carrier power (average TP during one unmodulated RF cycle) when transmitting emission type A1D, F1D, G1D, A3E, F3E or G3E.

     (2) 50 W peak envelope TP when transmitting emission type H1D, JID, R1D, H3E, J3E or R3E.

TYPE ACCEPTANCE REQUIREMENTS

95.645 Control accessibility.
(a) No control, switch or other type of adjustment which, when manipulated, can result in a violation of the rules shall be accessible from the transmitter operating panel or from the exterior of the transmitter    enclosure.

95.651 Crystal control required.
All transmitters used in the Personal Radio Services must be crystal controlled, except a R/C transmitter which transmits in the 26-27 MHz frequency band, a FRS unit, and a LPRS unit.

95.653 Instructions and warnings.
(a) A user's instruction manual must be supplied with each transmitter marketed, and one copy (a draft or preliminary copy is acceptable provided a final copy is provided when completed) must be forwarded to  the FCC with each request for type acceptance.

(b) The instruction manual must contain all information necessary for the proper installation and operation of the transmitter including:

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

     (2) Warnings concerning any adjustment that could result in a violation of the rules or that is recommended to be performed by or under the immediate supervision and responsibility of a person  certified as technically qualified to perform transmitter maintenance and repair duties in the private land mobile services and fixed services by an organization or committee representative of users of those servIces.

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

     (4) For a GMRS transmitter, warnings concerning licensing requirements and information concerning license application procedures.

95.655 Frequency capability.

(a) No transmitter will be type accepted for use in the CB service if it is equipped with a frequency capability not listed in 95.625, and no transmitter will be type accepted for use in the GMRS if it is equipped with a frequency capability not listed in 95.621, unless such transmitter is also type accepted for use in another radio service for which the frequency is authorized and for which type acceptance is also required.  (Transmitters with frequency capability for the Amateur Radio Services, Military Affiliate Radio System and Civil Air Patrol will not be type accepted.)

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

Appendix 1 -- Glossary of Terms

The definitions used in Part 95, Subpart E are:

Authorized bandwidth.
    Maximum permissible bandwidth of a transmission.

Carrier power.
    Average TP during one unmodulated RF cycle.

Channel frequencies.
    Reference frequencies from which the carrier frequency, suppressed or otherwise, may not deviate by more than the specified frequency tolerance.

Crystal.
    Quartz piezo-electric element.

Crystal controlled.
    Use of a crystal to establish the transmitted frequency.

dB.
    Decibels.

FCC.
    Federal Communications Commission.

Filtering.
    Refers to the requirement in 95.633 (b).

GMRS.
    General Mobile Radio Service.

GMRS transmitter.
    A transmitter that operates or is intended to operate at a station
    authorized in the GMRS.

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

Mean power.
    TP averaged over at least 30 cycles of the lowest modulating frequency, typically 0.1 seconds at maximum power.

Peak envelope power.
    TP averaged during 1 RF cycle at the highest crest of the modulation envelope.

R/C.
    Radio Control Radio Service.

R/C transmitter.
    A transmitter that operates or is intended to operate at a station authorized in the R/C.

RF.
    Radio frequency.

Transmitter.
    Apparatus that converts electrical energy received from a source into RF energy capable of being radiated.

TP.
    RF transmitter power expressed in W, either mean or peak envelope, as measured at the transmitter output antenna terminals.

W.
    Watts.

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