I keep running into people who tell me so-and-so told them or they read on the Internet such-and-such. I keep seeing sites that say you do not need a GMRS license and that is seeping into forums. I can tell when it is Christmas or when someone has a birthday, because I hear kids on the air. Fortunately they are generally using the FRS channels 8-14 or the shared GMRS/FRS channels 1-7. They do not realize, however, that these are real radios and not toy “walkie-talkies.” During one conversation I heard a kid use the word “emergency” and even gave his location. By his tone I could tell he was goofing around, but it is illegal to call for an emergency when there is not one.

The bottom line is that if the official source on the Internet for the rules should be the Federal Communications Commission. The official rules of all of the radio services are contained in 47 C.F.R..

I call these “rules” because they are not “laws” made by Congress. Congress allows agencies to make up their rules as they go along. Of all of the alphabet bureaucracies, however, I believe the FCC is one of the few that is actually constitutional. Their function is to make sure everyone shares the radio spectrum evenly and fairly. And they are really not Draconian about it.

I will also point out that the FCC makes special provisions for emergencies. Anyone can use any frequency to call for help to prevent the loss of life or property. Just about every radio service states that provision. So if you are camping in the woods and your five-year old wanders off, you can call for help in a search. If your tire pops on the freeway, however, you will need a lot of bars on your cell phone. Unless, of course, there is a medical reason threatening your life.

To get back on topic, 47 C.F.R. is divided into parts. Part 95 covers the personal radio services—citizen band radio (CBRS), general mobile radio service (GMRS), family radio service (FRS) and the multi-use radio service. Part 97 covers amateur radio, also known as Ham radio. We simply refer to them as Part 95 and Part 97.

Part 95 is further divided into Subparts for each radio service. For example, the Subpart covering GMRS is, currently, Subpart A. The GMRS rules in the future will be moved to Subpart E. The rest of the Subparts will remain the same. I will explain this change in a future series of articles on the new rules.

The problem is that people want to twist the language to their advantage. I assure you, however, the FCC is unsympathetic to any statements beginning with, “I saw on the Internet….” Unless you can show it to them on THEIR web site or in 47 C.F.R. Many do not realize that the CBRS, FRS and MURS is “licensed.” There is a legal phrase called licensed by rule. It simply means that you are not required to obtain a hard-copy license and call sign to use these radio services, BUT you must follow the rules. The rules for each of these services are written out, albeit I agree not always clearly, in Part 95.

There are some significant changes concerning all of these services in the upcoming re-write of Part 95. First they have divided the Subparts into clearer sections to assist you in finding information. The information itself may be confusing and that is why the FCC has an email address and phone number. I will do future articles on the changes forthcoming. This article is simply to let you know some important rules concerning licensing and using the radio services.

I want to make it clear that just because you can buy a radio does not mean you can use a radio. I should also note that Part 95 is being totally re-written and there are many changes on the horizon; particularly to GMRS.

Let us start by discussing licensing.

A GMRS LICENSE IS REQUIRED

The GMRS license. It is required. In fact, 95.101, 95.103 and 95.105 discuss what licenses allow. Why would that be in the C.F.R. if a license is not required? The confusion comes because of a move by the FCC to eliminate licenses in 2010. That NEVER was approved. The Federal Communications Commission Report and Order FCC 17-57 very clearly state why they decided to keep the GMRS license rule. The main reason is because of the power available and the availability of repeater service.

The Federal Communications Commission Report and Order FCC 17-57 contains the upcoming Part 95 regulations and their reasons for the new regulations. They have decided to do away with the multi-service, GMRS/FRS combination radios purchased in popular department stores. In the future, you may only purchase a GMRS or FRS radio. The FCC is being kind in reasoning:

It is important to address the fact that many current users of GMRS/FRS combination radios do not obtain licenses to operate over the GMRS frequencies in those radios. Much of this problem likely arises as a result of the mass consumer marketing of combination devices for sale to the public in large quantities to users who do not know about or do not understand the licensing requirements attached to such radios and obligations associated with operating in the GMRS (such as rules for the use of higher power equipment and repeater stations, as well as eligibility restrictions).

I say “kind” because the simple fact is that most consumers do not read the documentation that comes with their radio. The documentation that comes with every radio I have purchased in those “bubble packs” you find in department stores specifically states that you must have a GMRS license to operate on the GMRS only channels; channels 14 through 22 on those radios.

So a GMRS license IS required to use GMRS channels. Period. What that means to consumers is that you may use channels 8-14 at 0.5-watts “licensed by rule.” You may use channels 1-7 so long as you keep the power at 0.5-watts. If you have a GMRS license, you may use channels 1-7 at high power and 15-22. But you may ONLY use channels 15-22 if you have a GMRS license.

A GMRS license is currently $95, no examination and you must follow the rules. It is good for five-years, but the FCC intends to extend that to ten-years in the upcoming revision. You will be assigned a call sign and MUST use that call sign when using GMRS frequencies and power levels.

AN AMATEUR LICENSE IS REQUIRED

As for amateur radio, §97.5 clearly (well, not clearly) states:

§97.5 Station license required.
(a) The station apparatus must be under the physical control of a person named in an amateur station license grant on the ULS consolidated license database or a person authorized for alien reciprocal operation by §97.107 of this part, before the station may transmit on any amateur service frequency from any place that is:
(1) Within 50 km of the Earth’s surface and at a place where the amateur service is regulated by the FCC;
(2) Within 50 km of the Earth’s surface and aboard any vessel or craft that is documented or registered in the United States; or
(3) More than 50 km above the Earth’s surface aboard any craft that is documented or registered in the United States.

The upshot (or downshot depending on your view) is that you must have a license to operate any equipment on any amateur service frequency. In other words, you must have a license to operate ANY Part 97 device (Ham Radio).

There are some exceptions. We can allow people to use radios for training and demonstration. We want people to get licensed, and so does the FCC. Under §95.115 we can allow third parties to transmit messages as long as they are with a licensed operator. But they MUST be in the presence of a licensed amateur radio operator. This does not mean that they can participate in radio nets from their house while the licensed operator is at his. There is no such provision for the Personal Radio Service.

The CB radio service (CBRS, as the FCC is now calling it), family service (FRS) and multi-use radio service (MURS) radios are licensed by rule, as explained above.

PART 95 AND PART 97. AND NEITHER THE TWAIN SHALL MEET
Except in an emergency.

I have heard amateur radio operators say they set up amateur radio equipment as a repeater to work with their GMRS radios because they have both an amateur radio license and GMRS license. I am no lawyer, but I believe that is illegal.

§95.183 Prohibited communications (A)(13) in the current Part 95 prohibits:

(13) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station;

It is legal to set up a GMRS repeater that is designed as a repeater. A repeater made from an amateur radio, however, is illegal, though technically possible.

CONCLUSION

Another thing I would like to point out is that the head of the household (in the case of licensed by rule radio services) or the licensee is responsible for the misuse of their radio equipment. So take care who you let use your equipment and train your family in proper radio procedures. You might want to download a copy of the new rules from the FCC web site and study them.

I hope this clarifies the matter. Remember in a life-threatening situation or when the loss of property is possible (such as fire), you can use any frequency and any radio to call for help. If there is an emergency and all phones are down, you can listen to emergency communications. You can only call out if you or someone is in actual danger.

The question is, will there be someone on the other end listening? Some one capable of reaching the appropriate agency for you. That is what emergency communications is all about. You can help with a good old-fashioned CB radio (Or CBRS radio, now). That can get you started with the least monetary expense. A GMRS license, which can be obtained without an examination presently, can give you more power. An Amateur Radio license opens up a whole new world of long-range communications for fun and emergencies. There is no Morse code required or age limit for an amateur license.